ONST STABLES (sPECZA~

THE CONSTABLES (SPECIAL) Am

ARRANGEMENT OF SECTIONS

PART I. PmisA Special conotrrbks
1. Short titla

2. Power to appoint Parish Special Constables.
3. Parish Special Constable's oath.
4. Minister's power to cause Parish Special CbmtaMe~ to b6

5. Regulations and orders. Removal of Parisb Special conacablsr
6. Powers, authorities, advantage8 an4 inununitiea of Parish

7. Penalty for refusing, etc.. to take oath.
8. Penalty for refusing to serve or obey lawfbl ord*ra
9. Suspension and determination of services of pariah Spadal coo?

10. Expiration of appointment
11. Penalty for not delivering up badges. etc., aher notice.
12. Penal& for assaulting or resisting Special constrbler.
13. Payment of Special Constables.
14. Recovery of penalties.

appointed.

Special Constables.

stables.

PART 11. Islmd st&?dd c o r u t c r b ~ FarV
15. Interpretation.
16. Constitution of Island Special Constabulary Fort%
17. Composition of Fora.
18. Mode of enrolment.
19. Enrolmat in Foss not cinnplnory.
20. Period of mice.
21. Swearing in and fonn of oath.
22. Powers, authorities, privileges. immtmitia dmis a4d

sibilities of Special Constables.
Assaulting or o m c t i q Special Cbstabb

23. Regulations.
24. P d Q for Ca&g disaf[ccdon, etc.

- _ - - .
'dudon of thir pags ir eutborizsd by W. 17/1m

2 CONSTABLES (SPECIAL)

PART m. Special Constabulary Force Association
25. Interpretatisa
26. Establishment of Special Constabulary Fom Asmuatm 'a
27. Prohibition of Special Constables being members of trade unionr.
28. Meetings to be secrd
29. Liability of member of Association to diaciplino.
30. Special Comtabuhy Force Association Fund.

PART IV. Pensions, Gratuities and other Allowatuw
31. Interpretatiion.
32. Application of this ParL
33. Special Constables to contribute toward pensions. etc.
34. Refunds on being struck off the strength of the Forca.
35. Pension regulations.
36. Pensions, etc.. to be paid out of Consolidated Fund
37. Pensions, etc.. not of right.
38. Circumstances in which pension may be granted.
39. compulsory retirement.
40. Pensions. etc.. not to be assignable.
41. Pensions, utc.. to cease on bankruptcy.
42. Pensions. etc.. may cease on conviction.
43. Pensions to dependents when constable dies as a d t of

44. Pensions to surviving spouses, etc.. of Gmstables who died in

45. Pension or gratuity on death cif& retirement.
46. Recovery of pension, etc.. pr~viody

received, or disease contracted in the

the Force.

af his duty.

CONSTABLES (SPECIAL) 3

a?iE CONSTDLES (SPECML) ACT

28 0% ma,
[Part N and FiJth Schedule: 1st July, 1974. .] lhfm

1. This Act may be cited as the Constables (Special) Act. short me.

PART P. Parish Special Comt~bles ~

2. In any case where it is made to appear to two Justices for POW to
any parish, that any tumult, riot, or felony has taken place, or ~~p
may reasonably be apprehended in such parish, and such special
Justices me of opinion that the ordinary officers appointed "OmaabIes.
for the purpose me not sufficient for the preservation of
the peace, Bbr the protection of the inhabitants, md for the
security of property in such parish, then and in every such
case such Justices are hereby authorized to appint by
writing under their hand, in the Form contained in the First First
Schedule, so many as they may think fit of the WlousehoIders
or other persons residing in such parish, or being willing to
be appointed Parish Special Constables, to act as Parish
Special Constables for such time and in such m m e r as to
the said Justices may seem fit and necessary for the pre-
servation of the public peace, for the protection of the
inhabitants and for the security of property in such parish,
and such Justices shall forthwith inform the Superintendent of
Police of the names of the Parish Special Constables so
appointed, and fiunish a h l l report of their action to the
Minister.

3. On the appointment of any Parish Special Constable the Parish
following oath shall be administered by a Justice to every person
so appointed, that is to say:- oath.

"I, A.B., do swear that I will well and truly serve
Our Sovereign Lady the Queen in the office of Parish

(The,inclusion of (hi page is nuthodzed by LN. I U n O l l )

Mhiw's

Cm34 Parish
Spid
CmslabL
to be
qtgminted.

Wegulah
end&.
Removal of
Msh
Specid
C d S s s .

Powas.
8ulhCsUes.
advmww
and
M~mities
of Parish
Swid
CmEabks.

Penalty for
refusing. ac..
to @ke
nmh.

CONSTABLES (SPECUL)

Special Constable for the parish of

So help me God":

Provided nevertheless, that Moravians, Quakers, and other
persons having conscientious objections to the taking of an oath,
may in lieu of the said oath, ma& a sblemn declaration
and affirmation to the same effect 'before such Justice as
aforesaid.

4. It shall be lawful for the Minister at any time, if he thinks
proper, to muse Parish Special Constables to be appointed by
my Justice and sworn in manner aforesaid for the whole of
the Island, and to signi@, if he sees fit, that no person shall
be excused fi6m being so appointed and sworn in by reason of
any exemption.

5. The Minister may make all necessary regulations
and ordeb for promoting the efficiency of Parish Special
Constables. The Justices who have appointed special eons-
tables, or any officer of the Jamaica Constabulary .Force
not below the rank of Assistant Superintendent shall have
authority to remove any Parish Special Constable from his
ofice for any misconduct or neglect of duty therein.

6. Every Parish Special Constable appointed under this Part
shall, not only within the parish for which he may have
k n appointed, but also throughout the whole Island, have,
exercise, and enjoy d l such powers, authorities, advantages
and immunities, and be liable to all such duties and
responsibilities, as any police or other eonstable duly appointed
now has by any law.

7. If any person appointed a Parish Specid Constable as
aforesaid, refuses to take the oath hereinbefore mentioned when
required to do so by a Justice, or refuses, or neglects to
appear at the time and place for which he may be
summoned for the purpose of taking the said oath, he shall,
on being convicted, be liable to forfeit a penalty not exceeding

inhsioa of (La page is aathorh~d LN. 1 ~ ~ 0 1 1 1

CONSTABLES (SPECIAL) 5

ten dollars, unless he proves to the satisfaction of the court
before which he is tried, that he was prevented by sickness,
or such unavoidable accident as may in the opinion of the
said court, be a sufficient excuse.

8. If any pcrson, being appointed a Parish Special M W o r
rrdpriruto

obqlawrd
Constable as aforesaid, and being called upon to serve, -or
refuses or neglects to serve, or to obey such lawful orders ,-
and directions as may be given to him for the performance
of the duties of his office, he shall, for every such refusal or
neglect, on being convicted thereof, be liable to forfeit a
penalty not exceeding ten dollars, unless he proves to the
satisfaction of the court before which he is tried, that he
was prevented by sickness or such unavoidable accident as
may, in the opinion of the said court, be a sufficient excuse.

9. The Justices who may have appointed special con-
stables under this Part, are hereby empowered to suspend
or determine the services of any or all of the Parish Special
Constables so called out, and notice thereof shall forthwith
be transmitted to the Minister.

Wricord

le. The appointment of every Parish Special Constable
under this Part shall be deemed to be determined upon mmt.
the expiration of thirty days next after the day upon which
such Parish Special Constable is sworn in as a Parish
Special Constable, so, however, that he may beagain
appointed as a Parish Special Constable and sworn in in
the manner provided by this Act as if he had not previously
been so appointed and sworn in.

11. Every Parish Special Constable shall, within one :M%
week after the expiration of his office, or after he ceases to @up

dots- hold and exercise the same pursuant to this Act, deliver %-
over to his successor (if any such has been appointed), or
otherwise to such person, and at such time and place, as
may be directed by any Justice, or by the Superintendent of
- __- me inalusion of this page is authorized by LN 17/19W

6 CONSTABLES (SPECZAL)

Penalty for
aaaaulting
or resisting
Special
Constabler

Payment of
Special
Constables.

Rwovery of
penaltiea

Interpreta-
tion.
141 1983
s. 2.
111988
s. 2.

Constitution
of Island
Special Con-
rlabulary
Form.

Campoai tion
of Force.

Police for the parish, every s t d , weapon, and other article
which may have been provided for such Parish Special
Constable; and if any such Parish Special Constable refuses
or omits to so do, he shall for such offence, on being con-
victed thereof, be liable to forfeit a penalty not exceeding
four dollars.
12. Every person who assaults or resists a Parish Special

Constable appointed under this Part, whilst in the execution
of his office, or incites or encourages any other person to do
so, shall be liable, on summary conviction, to forfeit a
penalty not exceeding forty dollars, or to be imprisoned,
with or without hard labour, for any term not exceeding
six months.
13. Whenever any Parish Special Constable is called out,

or employed on actual duty, he shall be paid for his trouble,
loss of time, and expenses from such sums as may from time
to time be voted by the House of Representatives, at and
after such rates as may from time to time be bed by the
Minister.

14. Penalties under this Part may be recovered sum-
marily.

PARTII. Island Special Constabulary Force

“Commissioner” means the Commissioner of Poliw
“Force” means the Island Special Constabulary Fora;
“Special Constable” unless the context otherwise requires

includes officers, sub-officers and Special Constables
appointed under this Part.

15. In this Part and in Parts III and IV-

16. There is hereby constituted a permanent force of
Special Constabulary to be known as the Island Special
Consta5ulary Force.
17. The Force shall be under the command of the Com-

missioner and shall consist of so many officers, subkiffiicers

CONSTABLES (SPECIAL) 7

and Special Constables and shall be divided into such
divisions of so many officers, sub-officers and Special
Constables as may be prescribed by the Minister.

18. A Special Constable under this Part shall be enrolled Modeof
in the form contained in the Second Schedule by the Com- Second
missioner or any officer of the Jamaica Constabulary Force Schedule.
not below the rank of Assistant Superintendent.

enrolment.

19. Notwithstanding anything in Part I no person shall Enrolment
in Force not be compelled to become a member of the Island Special compulsory.

Constabulary Force.

20. Every Special Constable shall be engaged for a period Periodof
service. of three years from the date of his enrolment as a Special

Cons table :
Provided that-

(a) a Special Constable may apply for his release
during his period of service;

(b) a Special Constable shah be released on attaining
the age of sixty years; and

(c) the Commissioner shall have power to release a
Special Constable from his engagement or to
determine such engagement at any time if any
Special Constable does not perform the duties
which he undertakes or is for any other reason
considered unsuitable.

21. Every Special Constable on being enrolled shall take h a r i n g

Provided, however, that any person having conscientious
objection to the taking of an oath may in lieu of the said
oath make a solemn declaration and affirmation to the same
effect.

in and form
of oath.
Third
Schedule.

an oath in the form set out in the Third Schedule :

- me inclusion of this p- is authorized by L.N. 480/1973]

i

8 CONSTABLES (SPECIAL)

Powers,
authorities,
privileges,
immunities,
duties and
responsi-
bilities of
Special
Constables.
Assaulting
or obstruct-
ing Special
Constable.

I

Regulation.
L

A

22.-(1) Every Special Constable enrolled under this
Part shall while on duty in the capacity of a Special Con-
stable have, exercise and enjoy all the powers, authorities,
privileges and immunities and shall perform all the duties
and have all the responsibilities of a constable of the
Jamaica Constabulary Force constituted under the Con-
stabulary Force Act; and assaulting or obstructing a Special

1 Constable in the execution of his duty as a Special Constable
shall be punishable as assaulting or obstructing a constable

- \

- J

in the execution of his duty is or may be punishable.

duty in the capacity of a Special Constabl-
(2) A Special Constable shall be deemed to be on

(a) when what is, or appears to him to be, an offence
punishable on indictment or summary conviction
is committed in his presence;

(b) while he is required by the Commissioner or an
officer or sub-officer of the Jamaica Constabu-
lary Force or of the Island Special Constabulary
Force not below the rank of Sergeant fo be on duty;

(c) when he is called out for service and while he is
required to be on duty in accordance with any
regulations made under section 23.

23.-( 1) The Minister may make regulations generally
for giving effect to the provisions of this part.

(2) Without prejudice to the generality of the power
conferred by subsection (1) regulations made under that
subsection may provide for-

(a) the organization of the Force;
(b) the establishment of different ranks and the prece-

dence and command to be had or exercised by the
holders of such ranks;

(c) the conditions of service, enrolment, promotion,
demotion, resignation, dismissal or suspension of
members of the Force;

- - I ,
\

-/

-
[The inclusion of this page is authorized by L.N. 480/1973]

t

CONSTABLES (SPECIAL)

(d) the training of Special Constables;
(e) the calling out of Special Constables for service;
0 the discipline and guidance of the Force;
(s) the setting up of Disciplinary Boards to investi-

gate breaches of discipline and to award punish-
ment if necessary and the powers and duties of
such Disciplinary Boards;

(h) the appointment of Boards of Enquiry and the
powers and duties of such Boards of Enquiry;

(3 ensuring the compulsory attendance of witnesses
and the production of documents before any
Disciplinary Board or Board of Enquiry;

61 the payment of wages and of subsistence allow-
ances, travelling allowances and out of pocket
expenses to Special Constables and the rates at
which and conditions upon which such wages or
allowances or both shall be paid to different ranks
of Special Constables;

(k) medical attention and examination of any Special
Constable who sustains injury whilst on special
constabulary duty;

(0 the grant to Special Constables who are injured in
the execution of their duty as Specid Constables
of sick benefit and the conditions upon which and
the rates at which such benefit shall be payable to
Special Constables of different ranks;

(m) supplies, accommodation and uniform of Special
Constables;

(n) controlling the use of transport for the carrying
out of special constabulary duties;

(01 the establishment of a permanent special con-
stabulary staff.
W e idusion of this page is authorized by L.N. 17/1989]

9

16 CONSTABLES (SPECIAL)

P d t g
for causing
di8affectiOff,
etc.
1411983
83.

141 1983
6. 4.
Intcrpre
tatiou

24 Any person who-
lu) causes, or attempts to cause, or does any act cal-

culated to cause disaffection amongst the members
of the Force; or

(b) induces, or attempts to induce, or does any act
.calculated to induce any member of the Force to
commit breaches of discipline,

hall be guilty of 8 misdemeanour and shall be liable on
conviction before a Circuit Court to imprisonment, with
or without hard labour, for it term not exceeding two years,
or on summary conviction before a Resident Magistrate to
imprisonment, with or without hard labour, for a term not
exceeding three months, or to a h e not exceeding fifty
dollars, or to both such fine and imprisonment, and in either
case, if such person is a Special Constable, he shall forfeit
all pension rights and be disqualified from continuing to
be a Special Constable or from being thereafter employed
in the Force:
Provided that, where the person convicted of any such

offence was a member of the Force and was not sentenced
to imprisonment without the option of a fine, the Commis-
sioner may, if he thinks fit, pay to him the whole or any
part of the ratable deductions which may have been made
from his pay in respect of pensions contribution.

PART m. Special Constabulary Force Assaciation
W. In thisPart-

Association” means the Special Constabulary Force
Association established under section 26;

“the Fund” means the Special Constabulary Force Associa-
tion Fund established under section 30,

“prescribed Special Constable” means a member of the
Force otber than a member above the rank of Special
Inspector.
me idusion of this page is autborizsd by LN. 17/1989]

CONSTABLES (SPECIAL) 11

26.-(1) For the purpose of enabling prescribed Special Wblish-
Constables to consider and bring to the notice of h e Com-
missioner and the Minister all the matters affecting their *,,eUlarl
general welfare and efficiency, there shall be established in -ation.
accordance with the Fourth Schedule an organization to be ~ $ u l e ~
called the Special Constabulary Force Association which
shall act through Branch Boards, Central Conferences and
a Central Committee as provided in that Schedule.

m a t cd

F

(2) No representations shall lx made by the Associa-
tion in relation to any question of discipline, promotion,
transfer, leave or any other matter, uiiless some question of
principle is involved.

(3) The Association shall be entirely independent of
and unassociated with any body outside the Force.

(4) The Minister may by order, subject to negative
resolution, amend the Fourth Schedule.

27.-(1) Subjeot to section 26, it shall not be lawful for a Robhition
binamem-
ba of

$sp"L' nstabler prescribed Special Constable to be a member of any-
(a) trade union; or tnde unions.

(b) association,
which has the objective of controlling or influencing the pay,
pensions or conditions of service of the Force.

(2) Any prescribed Special Constable who contra-
venes the provisions of subsection (1) shall be disqualified
from continuing to be a Specid Constable, so, however,
that the commissioner may waive the disqualification if,
within such time as the Commissioner permits, the Special
Constable ceaSeS his contravention of subsection (1).

m e inClusiOa of this pge L authorized by LN. 17/1989]

12 CONSTABLET (SPECIAL)

(3) If any question arises whether any body is a
trade union or an association to which this section applies,
the question s h d be determined by the Permanent Secretary
in the Ministry of Labour.

(4) A member of the Force disqualified pursuant to
subsection (2) shall forfeit all pension rights and be disquali-
fied from being thereafter employed in the Force.

h 4 d n g s
tobe

28.-( 1) A person who is not a member of the Force shall
not without the consent in writing of the Commissioner
attend a meeting of a Branch Board, Central Conference
or Central Committee.

sax&.

(2) A person who is a member of the Force shall not
without the consent in writing of the Commissioner publish
or communicate to any person other than the Minister or a
member of the Force any information (howeverobtained)
relating to the proceedings. deliberations, recommendations
or decisions of a Branch Board, Central Conference or Cen-
tral Committee or to any matter arising out of or concerning
the duties of the Association.

(3) Any person who contravenes the provisions of
wbsection (1) or (2) shall be guilty of an offence and shall
be liable on summary conviction in a Resident Magistrate’s
Court to a fine not exceeding two hundred dollars or to
imprisonment with or without hard labour for a term not
exceeding six months.

u f i t y o f 29.-(1) Where a prescribed Special Constable is acting
Associatilon -&Of in the capacity of a member of the Association he shall be
to W m a subject to the discinlinary provisions of the Speciffed re&-

tions in like manner as he would be if acting in his capacity
as a member of the Force.

me i d d o n of W page ir authorized by LN. 17/19891

CONSTABLES (SPECIAL)

(2) In this section “specified regulations” means-

13

0

(a) regulations made under section 23;
(b) the Island Special Constabulary Force (General)

Regulations, 1950 or any regulations replacing the
same.

30.-(1) Notwithstanding anything to the contrary, it shall
be lawful for the Association to establish a Fund to be called the
Special Constabulary Force Association Fund with the
contributions of voluntary subscriptions from members of the
Association and other persons and to administer the Fund for the
welfare, relief and assistance of its members and for such other
purposes as the Association may, from time to time, and subject
to regulations made under subsection (2), think fit.

(2) The Association shall, with the approval of the
Minister, make regulations with respect to the collection of
voluntary subscriptions and for the use and management of the
Fund.

(3) The Association shall keep .proper accounts in
relation to the Fund and a statement of such accounts, audited
annually by a person appointed by the Association and approved
by the Minister, shall be submitted annually to the Minister.

(4) The expenses relating to auditing of the accounts
shall be paid from the Fund.

PART IV. Pensions, Gratuities and other Allowances
31. In this Part-

“appointed day” means the 1st day of July, 1974;
“house allowance” means the house allowance which is

granted in respect of the rank to which a Special
Constable is appointed, but does not include such

Special
Constabul-
ary Force
Association
Fund.

111988
s. 4.
Intcrprcta-
tion.

411996
S. 2(a).

[The inclusion of this page is aatborizcd by L.N. I 12/2002 I

14 CONSTABLES (SPECIAL)

28/2001
s. 2.
411 996
S . 2(b).

allowance granted on condition that it shall not
be pensionable:

Provided that where an officer is appointed to an
ofice in respect of which no house allowance is
granted but that officer is provided with quarters, an
amount equal to fifteen per cent of the minimum
salary of the office to which the officer is appointed
shall, for purposes of this Act, be regarded as house
allowance;

“Minister” means the Minister responsible for the public
service;

“pay” means the gross pay attached to the post of which
the Special Constable is substantive holder, special
allowance and house allowance but does not include
any other allowance or other emolument or the value
of any other advantage which the officer may receive
or enjoy;

“public service” means service in a civil capacity under
the Government of Jamaica or under the Kingston
and St. Andrew Corporation or any Parish Council,
and any other such service as the Minister responsible
for the public service may declare to be public service
for the purpose of any provisions of this Part;

“regular employment” means employment in the Force on
a continuous basis for a period of not less than five
days in each week.

3

0 of Application this 3 2 . 4 1 ) Subject to subsection (3), this Part applies to
Part. every Special Constable who is employed in the Force,

whether before or after the 29th day of January, 1988, on such
terms and conditions as constitute regular employment.

(2) The requirement of regular employment re-
ferred to in subsection (1) shall not apply in relation to the

CONSTABLES (SPECIAL) 14.01

provisions of section 43 and of regulation 10 of the Requ- F:lfth
lations contained in the Fifth Schedule. Schadule.

(3) This Part shall not apply to any Special Con-
stable, as respects any period of employment in the Force
prior to the 29th day of January, 1988, unless the Specid
Constable elects, pursuant to section 33 (6), to pay contri-
butions in respect of that period.

33.-(1) Subject to subsection (6), from and after the spscid
29th day of January, 1988, every Special Constable to whom @bier to
this Part applies shall contribute towards the pensions, e;
gratuities and other allowances provided for in this Part. z i , ~

(2) Save as otherwise provided by this Part or by
regulations under this Act, the contribution provided for
in subsection (1) shall be deducted from the pay of every
Special Constable referred to in that subsection, on each
pay day at the rate of 1.7 cents in respect of each complete
dollar of his pay.

(3) For the purposes of the contribution provided
for in subsection (l), a Special Constable referred to in that
subseotion shall be deemed to be on full pay throughout
his service as a Special Constable save in any case where
he is on leave without salary and such leave was not granted
either on the grounds of public policy with the approval
of the Governor-General or on account of the ill health of
the Special Constable.

(4) Where under subsection (3), a Special Constable
is deemed to be on full pay but no deduction is made in
respect of any period of service for the reason that the
Special Constable received no pay in respect of such period,
such deduction shall be made on the next occasion on
which the Special Constable receives pay.

con-

e&

C I k iaalueion of this prllgc is &riz.ed by LN. %/1998]

14.02 CONSTABLES (SPECIAL)

Refunds
on being
rtruck off
the
~trength of
tho Force.

(5) All sums deducted under this section shall be
paid into the Consolidated Fund.

(6) In respect of any period of regular employment
prior to the 29th day of January, 1988, a Special Constable
may, not later than twelve months after the aforesaid date,
or such longer period as the Minister may in any case
allow, give notice in writing to the Minister of his desire
that the provisions of this Part shall apply to him as from
the date of commencement of his regular employment; and
thereupon this Part shall apply accordingly.

(7) A Special Constable who gives notice to the
Minister pursuant to subsection (6) shall pay arrears of
contributions in respect of any period of regular employ-
ment, prior to the 29th day of January, 1988, to which the
notice relates; and payment of the arrears may be made
in such instalments, on such terms and over such period,
not exceeding five years as the Minister may in any case
approve and may, if the Minister thinks fit, be deducted
from any pension, gratuity or other allowance payable
under this Part.

34.41) Subject to subsection (3), where deductions
have been made from the pay of any Special Constable by
way of contribution to his pension, gratuity or other allow-
ance, and that Special Constable, not being eligible for
pension, gratuity or other allowance under this Act other-
wise than pursuant to section 38 (2) is struck off the strength
of the Force, he shall, on being so struck off, be entitled to
refund of the amount of the deductions so made, from
which amount may be deducted any debt due to the
Government.

(2) Where a Special Constable from whose pay
deductions have been made by way of contribution to his
penqion. gratuity or other allowance, dies and no pension,

lThe inclusiw of this mee is auborhd by LN. 96/1998]

CONSTABLES (SPECIAL) 14.03

gratuity or other allowance has been paid or is payable
under this Act, his legal personal representatives shall be
entitled to refund of the amount of the deductions so made,
from which amount may be deducted any debt due to the
Government .

(3) A Special Constable who is struck off the
strength of the Force may give notice in writing to the Min-
ister of his desire that the provisions of subsection (1) shall
not apply to him.

(4) Where a Special Constable gives notice pursu-
ant to subsection (3)-

(a) he shall not be entitled to refund of the amount
deducted from his pay by way of contribution to
pension, gratuity or other allowance; and

(b) the period of service of such a Special Constable
. prior to the date on which he is struck off the

strength of the Force may be taken in10 account
for the purpose of any award of pension, gratuity
or other allowance pursuant to section 38 (2) but
not otherwise.

35.-(1) Pensions, gratuities and other allowances may P d n
be granted by the Governor-General in accordance with reeuk- tionr.

pirth
Schedule.

the Regulations contained in the Fifth Schedule.
(2) The Regulations contained in the Fifth Sche-

dule may from time to time be amended, added to, or re-
voked, by regulations made by the Minister and all regula-
tions so made shall be laid before the House of Represen-
tatives and published in the Gazette.

(3) Whenever the Minister is satisfied that it is
equitable that any regulation made under this section should
have retrospective effect in order to confer a benefit upon
or remove a disability attaching to or in respect of any

me inclusion of this page is authorized by L.N. 96/1998]

14.04 CONSTABLES (SPECIAL)

Fifth
schedule.

Pensions,
etc.. to be
paid out
of Con-
solidated
Fund.

Pensions
etc.. not
of right.

Circum.
stances
in which
pensioo
mav be
Oran ted.

Special Constable that regulation may be given retrospa-
tive effect for that purpose:

Provided that no such regulation shall have retrospective
effect unless it aas received the prior approval of the House
of Representatives signified by resolution.

(4) Any pension, gratuity or other allowance granted
under this Part shall be computed in accordance with
the provisions in force at the actual date of a Special Con-
stable’s retirement.

(5) All regulations made under this section shall
have the same force and effect as if they were contained in
the Fifth Schedule, and the expression “this Act” shall,
wherever it occurs in this Part, be construed as including a
reference to that Schedule.

36. There shall be charged onand paid out of the Con-
solidated Fund all such sums of money as may from time
to time be granted by way of pension, gratuity or other
allowance, in pursuance of this Part.

37.41) No Special Constable to whom this Part a p p k
shall have an absolute right to compensation for past ser-
vices or to pension, gratuity or other allowane nor shall
anything in this Part affect the right of the Crown to dismiss
any Special Constable at any time and without compensa-
tion.

(2) Where it is established to the satisfaction d the
Governor-General that a Special Constable to whom this
Part applies has been guilty of intemperance, negligence,
irregularity, or misconduct, the pension, gratuity or other
allowance may be reduced or altogether withheld.

38.41) No pension, gratuity or other allowance shall be
-ranted under this Part to or in respect of any S@d Con-
qtshle to whom this Part applies except-

p$OblYh&#loBtRliSpUgOiS- . byY.%/1998]

CONSTABLES (SPECIAL)

(a) on his retirement fiom the Fom in one of the
following cases--

(i) subject to s u b - w h (iii), ow or &er 1mw8
attaining the age of fifty-five years or, with the S. UaMi).
qproval of the GovernorGened, fifty years;

(ii) on medid evidence, to the dsfhction of the
G o v e m o r ~ d , that he is incapable of dis-
charging his duties efficiently by reason of my
infinrnity of M y which is likely to be
pennment or any infirmity of mind;

(iii) at his option, &er completing not less than IMW..
thirty years of service; S. 2(tdXl@l).

(iv) on retirement fiom the Force in the public nm
interest as provided in this Bart; or S. 2(aMii).

(6) on his retirement from public service in cisurnstan-
in which he is eligible for pension, gratuity or other
allowance under my law or regulations which are
applicable to such public service, and where he ceased
to be a Specid Constable for the purpose of ent ing
public service.

(2) A person who left the Force in cimmstances in
which, having regard to the provisions of subsection (I), he was
not entitled to a pension, gratuity or other allowance, may, ow
such tams and conditions as may be prescribed, be granted a
pension, gratuity or other allowance or attaining the age of sixty 4lssr#a

. years so, however, that where that person dies before attaining S. 3.
the age of sixty years, there may be paid to his l e d pmnd
representatives the gratuity which he would have been eligible
to receive if he had attained the age of sixty years and had
elected to receive a gratuity and reduced pension.

(3) The provisions of subsection (2) shall not apply
to any person who, having left the Force prior to .the
appointed day, was not in the Force on the appointed day
unless that person is reappointed to the Force or to the
public service afier the appointed day; and my p s i o n ,

- -- --

lfbc bdtnia, of Lh paw b natborhed by LN. 1 W l l l

CONSTABLES (SPECIAL)

Compukory
retirement.

Pensions,
m.. Mt to
be assip-
able.

Pensions.
gtc., to FeaSe
on M-
wtcy.

'gratuity or other allowance granted to any person pursuaht to
that subsection shall be computed in accordance with the
provisions in force at the date whew that person finally left
the Force or the public sewice, whichever is the later.

(4) Notwithstanding the provisions of subsection
(i)(a)(iii) and section 39, the normal retirement age of any
Special ~onskble is sixty years.

39. It shall be lawful for the Commissioner of Police to
require a Special Constable to retire from the Force-

0

(a) at any time after he attains the age of fifty-five years;
or

(b) with the approval of the Governor-General, at any
time after he atbins the age of fifty years.

40. A pension, gratuity, or other allowance, granted under
this Part shall not be assignable or transferable except for the
purpose of satisfying-

(a) a debt due to the Government; or

(b) an order of any court for the payment of periodical
sums of money towards the maintenance of the wife,
or former wife, or minor child of the Special Constable
to whom the pension, gratuity or other allowance has
been granted,

and shall not be: Piable to be attached, sequestered or levied
upon, for or in respect of any debt or claim whatever except a
debt due to the Government.

41 .--(I) Where a Special Constable to whom a pension or
other allowance has been granted under this Part is adjudicated
bankrupt or is declared insolvent by judgment of any com-

a
peknt court, then such pension or allowance shall forthwith
cease.

(2) Where any Special Constable is adjudicated
bankrupt or declared insolvent by judgment of any competent
court either-

- - -

inddon of (b& page fs ruthortod by LN. IPUUDlll

CONSTABLES (SPECIAL) 14.07

(a) after retirement in circumstances in which he is
eligible for a pension, gratuity or other allowance,
under this Part, but before the pension, gratuity
or other allowance is granted; or

(b) before such retirement and he has not obtained
his discharge from bankruptcy or insolvency at
the date of retirement,

then, in the former case any pension or other allowance
eventually granted to him shall cease as from the date of
adjudication or declaration, as the case may be, and, in the
latter case, the pension or other allowance may be granted,
but shall cease forthwith and not become payable, and in
either case the gratuity may be granted but shall not be
paid to him.

(3) Where a pension or other allowance ceases, or
where any gratuity is not paid by reason of this section, it
shall be lawful for the Governor-General, from time to
time during the remainder of the Special Constable’s life,
or during such shorter period or periods, either continuous
or discontinuous, as the Governor-General thinks fit, to
direct all or any part of the moneys to which such Special
Constable would have been entitled by way of pension,
gratuity or other allowance, had he not become bankrupt
or insolvent, to be paid to, or applied for, the mainten-
ance or benefit of all or any, to the exclusion of the other
or others, of the following, that is to say, the Special Con-
stable and his wife, child, or children or such other depen-
dents as the Governor-General may determine. in such
proportions and manner as the Governor-General thinks
proper; and such moneys shall be paid or applied accord-

(4) Moneys applied for the discharge of the debts
of the Special Constable whose pension or other allowances
has ceased, or whose gratuity has not been paid, by reason

ingly.

P’he inclusion of this page is auhorized by L.N. 96/1998]

14.08 CONSTABLES (SPECIAL)

of this section, shall for the purposes of this section, be
regarded as applied for his benefit.

( 5 ) Where a Special Constable whose pension or
other allowance has ceased, or whose gratuity has not been
paid, by reason of this section, obtains his discharge from
bankruptcy or insolvency, it shall be lawful for the
Governor-General to direct that the pension or allowance
shall be restored, and the gratuity, or so much thereof (if
any) as remains after deducting any payments made under
subsection (3), paid, as from the date of such discharge or
any later date, and the pension or allowance shall be
restored, and the gratuity, or such remainder thereof (if
any) paid accordingly.

Pauions. 42.41) Where any Special Constable to whom a
--on pension or other allowance has been granted under this
do& Part is sentenced to death or a term of imprisonment by

any competent court for any offence, such pension or
allowance shall, if the Governor-General so directs, cease
as from such date as the Governor-General determines.

(2) Where any Special Constable is sentenced to
death or a term of imprisonment by any competent court
for an offence after retirement in circumstances in which
he is eligible for pension, gratuity, or other allowance,
under this Part but before the pension or gratuity is granted
tben-

(a) the provisions of subsection (1) shall apply 85
respects any pension or other allowance which
may be granted to him, and

(b) the Governor-General may direct that any gratuity
which may be granted to him, shall not be paid.

(3) Where a pension or other allowance ceases, or
a gratuity is not paid, by reason of this section, it shall be
lawful for the Governor-General to direct all or my part

etc., may

convic-

pbei&u&mofW weis&thbrmd * byLa. %/1!198]

CONSTABLES (SPECIAL) 14.09

of the moneys to which such person would have been
entitled by way of pension, gratuity or allowance, but for
the provisions of this section to be paid, or applied, in the
same manner in all respects as provided in section 40, and
such moneys shall be paid or applied accordingly.

(4) Where any Special Constable whose pension or
other allowance ceases, or whose gratuity is not paid, by
reason of this section, after conviction at any time receives
a free pardon, the pension or allowance shall be restored
with retrospective effect or his gratuity shall be paid; but
in determining whether arrears of such pension or allow-
ance are payable to the Special Constable and in computing
the amount thereof and the amount of any gratuity, account
shall be taken of all moneys paid or applied under subseCtian
(3).

43.-(1) Where a Special Constable dies on or after the
to ‘dcrpcn-
deatr *con-
&Su8
M O (

appointed day, as a result of injuries received-

(a) in the actual discharge of his duty; and 8tabe

(b) in circumstances in which the injury is not wholly
or mainly due to, or seriously aggravated by, his ardiseare
own serious and culpable negligence or miscon- i.the&- antracted
duct; and

(c) on account of circumstances specifically attribut-

while in the Force, it shall be lawful for the Governor-
General to grant, in relation to that Special Constable,
pensions and gratuities as prescribed by regulation 12 of
the Regulations contained in the Fifth Schedule and by the

able to the nature of his duty,

Appendix to those Regulations. Schddo.

F e inoludon of this page is authorized by L.N. 17119891

14.10 CONSTABLES (SPECIAL)

(2) Where the Governor-General is satisfied that
the death of a Special Constable resulted from the infliction
of injuries which, although not inflided upon him while he
was acting in the execution of his duty, were nevertheless
inflicted on him wholly or mainly because such Special
Constable was a member of the Force, it shall be Iawfd
for the Governor-General to grant to the dependents of
that Special Constable, pensions and gratuities as if his
death had occurred in the circumstances desmied in para-
graphs (d, (b) and (c) of subsection (1).

(3) A Special Constable who dies as a result of
injuries received whlle travelling by air in pursuance of om-
cial instructions shall be deemed to have died in the circum-
stances detailed in paragraphs (a) and (c) of subsection (1).

(4) For the purposes of this section, and of regula-
tion 12 of the Regulations contained in the Fifth Schedule
and of the Appendix to those Regulations unless the con-
trary intention appears-

Fifth
scheddo.

(a) “cfild” includes-
(9 aposthumous ch id
(3 an adopted child, adopted in a manner

recognized by law &fore the date of the
h j u w and

(iii) a step-child whully or mainly dependent
upon the Special Constable for sappart;

(b) “surviving smuse’’ means the widow or widower
of a Special Constable;

k) references to a Special Constable being injured in
the circumstances detailed in paragraphs (U), (6)
and (c) of subsection (I) and to the date on which
an injury is sustained. shall respectively lje con-

\

F e incluaibn of this page is authoakd by L.N. 17/1989]

CONSTABLES (SPECIAL) 14.11

strued as references to his contracting a disease to
which he is exposed specifically by the nature of
his duty, not being a disease wholly or mainly
due to, or seriously aggravated by his own Serious
and culpable negligence or misconduct and the
date on which such disease is contracted.

(5) The Governor-General may take into account
in such manner and to such extent as he may think fit
against any award made under this Part-

(a) any damages that he is satisfied have been or wilI
be recovered by the dependents of a deceased
Special Constable consequent on the injury to the
Special Constable which resulted in his deatk
and

(b) any benefits that have been or may be awarded to
such dependents under the Workmen’s Compen-
sation Act or the National Insurance Act in
respect of such injury,

and he may withhold or reduce the award accordmgly.

(6) Nothing in this section shan authorize the
making of an award where the date on which an injury is
sustained is more than seven years prior to the date of the
Special Constable’s death.

44.-(1) Subject to subsection (21, where a Specid Con-
stable dies on or after the appointed day. while in the Force, pmiv-
and his death did not occur in the cimmstances specified a g z
in section 43, it shal1 be lawful for the Governor-General to eFb-.
grant-

(a) if the Special Constable leaves a surviving spouse,
a pension to that spouse while unmarried at a rate
not exceeding one-third of the annual pay of the
Special Constable at the date of death;

F e incluslbn of this page is authorized by L.N. 17/1989]

11.12 CONSTABLES (SPECIAL)

(b) if the Special Constable leaves a child or children,
a pension in respect of each such child until such
child attains the age of nineteen years, at a rate
not exceeding an aliquot part (determined as pro-
vided in paragraph (A) of the proviso hereto) of
onesixth of the annual pay of the Special Can-
stable at the date of his death;

(c) whether or not a pension is granted under this
section, a gratuity to the legal personal representa-
tives of the Special ConstaMe, not exceeding a
sum equal to one year’s pay of the Special Con-
stable at the date of his death or the amount of
commuted pension gratuity which would have
been payable to the special Constable if he had
retired at the date of his death, whichever is the
greater:

(A) a pension granted under this section to the children
of a deceased Special Constable shall be divided
equally among such children under the age of
nineteen years; and

(B) apension granted to afemale child under this
section shall cease upon the marriage of that child
under the age of nineteen years.

Provided that-

(2) In this section and in section 45-
“child” indudes-

(i) a step-child born before the date of the
death of the Special Constable and wholly or
mainly dependent upon him,

(ii) an adopted child, adopted in a manner
recognized by law;

“commuted pension gratuity” means the gratuity, if
any, which might have been granted to the Special
Constable under regulation 9 of the Regulations
me inoludon of this page is authorized by LN. 17/1989]

CONSTABLES (SPECIAL) 14.13

contained in the Fifth Schedule if he had retired at m-e.
thedate of his death in the circu?nstances des-
criied in section 38 (1) (a) (5) and had elected to
receive a gratuity and reduced pensim,

ggsurviving spouse’’ means the widow or widower of a
Special Constable.

45.-(1) Where a Special Constable is granted a pension pension
or other allowance under this Part and, while m receipt gz,e
thereof, dies, on or after the 15th of March, 1985, it shall $Ema
be lawful for the Governor-General to grant-

(a) if the Special Constable leaves a surviving spouse,
a pension to such spouse while unmarried at a
rate not exceeding one-third of the Special Con-
stable’s pension;

(b) if the Specid Constable leaves a chtld or chrldren
under the age of nineteen years, a pension to each
such ch3d untii he attains the age of nineteen
years, at a rate not exceeding an aliquot part
(determined as provided in paragraph (A) of the
proviso hereto) of one-sixth of the Special Con-
stable’s pension :

Provided that-
(A) any pension granted to the children of a Special

constable under this section shan be divided
equally among such children under the age of
nineteen years; and

(B) a pension granted to the female child of a Special
Constable under this section shall cease upon the
marriage of such child under the age of nineteen
YearS.

(2) For the purposes of subsection (11, where pur-
suant to the grant, whether before or after the death of a
Special Constable, of a pension or allowance under this

ll%e inaldon of this page is authorized by LN. 17/1989l

14.14 CONSTABLES (SPECIAL)

Part any amount is payable to the Special Constable, or, as
the case may be, to his estate, the Special Constable shall
be deemed to have been in receipt of such pension or allow-
ance notwithstanding that payment thereof had not com-
menced prior to his death.

(3) Where a Special Constable to whom this section
applies dies without leaving a surviving spouse or c h i i b
eli.qible for a pension under this section, and at the date of
his death the aggregate amounts drawn by him by way of
gratuity, pension or other allowance did not amount to
one year’s pay of such Special Constable at the date of his
retirement, it shall be lawful for the Governor-General to
grant to the legal personal representatives of such Special
Constable a gratuity of an amount not exceeding the dHfer-
ence between the aggregate amount of the gratuity, pendon
or alIowance drawn by him and one year’s pay at the date
of retirement.

(4) For the purpose of calculating the amount of
pension payable under subsection (1) the Spedal Con-
stable’s pension shall be-

(a) if he dected to take the full pension for which he
w a s eligiile on retirement, the full amount of that
pension; or

fh) if he elected. numant to regulation 9 of the Regu-
lations contained in the Fifth Schedule, to take
a reduced pension and gratuity on retirement, the
amount of such reduced pension.

46. Where. consequent on the Service of a SpoCial Con-
stable p’or to the 29th day of January, 1988, any award
is made to any person pursuant to this Part, there shall be
deducted therefrom any amount paid by the Government
to that person in relation to that service in the natwe of
pension. allowance. gratuity or camnassionate a m d .

Rec