Ministry of Works (New Providence) Rules

Link to law: http://laws.bahamas.gov.bs/cms/images/LEGISLATION/SUBORDINATE/1934/1934-0187/MinistryofWorksNewProvidenceRules_1.pdf
Published: 1934-09-15

Ministry of Works (New Providence) Rules
PUBLIC WORKS [CH.26 – 3


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

CHAPTER 26

PUBLIC WORKS

MINISTRY OF WORKS (NEW PROVIDENCE)
RULES

(SECTION 6)

[Commencement 15th September, 1934]
1. These Rules may be cited as the Ministry of Works

(New Providence) Rules.
2. In these Rules, unless the context otherwise

requires —
“animal” means any horse, mule, ass, bull, cow,

sheep, goat or pig;
“Minister” means the Minister responsible for Public

Works;
“New Providence” means the Island of New Provi-

dence as defined by the Interpretation Act;
“person” includes any body of persons, corporate or

unincorporate;
“public road” means any road, street, highway,

sidewalk, footpath, alley, lane, or thoroughfare in
New Providence, vested in the Treasurer for
public purposes;

“public cemetery” means any cemetery, burial
ground, or graveyard in New Providence, vested
in the Treasurer for public purposes;

“Superintendent of Roads” means the person ap-
pointed to be Superintendent of Roads for New
Providence;

“vehicle” includes any motor car, carriage, waggon,
cart, dray, motor cycle or bicycle;

“vessel” includes any ship or boat or any other
description of vessel used in navigation.

G.N. 187/1934
G.N. 265/1939
G.N. 284/1952
G.N. 188/1958
G.N. 246/1959
G.N. 104/1962
G.N. 330/1964
5 of 1987
S.I. 53/1996
Citation.

Interpretation.

Ch. 2.

CH.26 – 4] PUBLIC WORKS





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

3. (1) No person shall either, partially or entirely stop
up, obstruct, alter or encroach upon, or in any manner
damage or render inconvenient to passengers, any public
road or place. Penalty on summary conviction, a fine of
one hundred dollars.

(2) For the purpose of abating and removing any
such obstruction or nuisance, it shall be lawful for the
Minister and any persons acting under his authority, to enter
on any private land during the day, and there remain for a
reasonable time; and an account of the expense of such
abatement or removal shall be kept, the amount of which
shall be recoverable by the Minister in any court having
jurisdiction from the person in default.

(3) No person shall deposit, place or discharge or
cause to be deposited, placed or discharged in any public
road or place —

(a) any stone, sand, lime, timber, wood or material
of any kind;

(b) any barrel, box, case or other package, packing
or goods of any description whatsoever, except
for removal at the earliest opportunity within the
space of six hours;

(c) any fruit skins, stones, earth, weeds, sweepings
of any kind, paper, rags, rubbish, filth or any
substance or any liquid.

(4) No person shall, save by permission of the
Minister, place, or cause or procure to be placed in or over
any public road or place any gate, door, window,
signboard, sun screen, wire or other such projection or
erection, or any steps so as to swing over or project or
protrude into any portion of any public road or place.

(5) No person shall —
(a) expose or offer for sale or sell or cause or procure

to be exposed or offered for sale or sold in or
upon any public road or place, any goods, wares
or merchandise of any description whatsoever;

(b) carry or cause or procure to be carried, coal
through, in or upon any public road or place in
such manner as to permit of any coal, or coal
dust, discharging or dropping on any public road
or place;

Public roads.

5 of 1987

G.N. 330/1964.

PUBLIC WORKS [CH.26 – 5


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(c) throw, or cause, or procure to be thrown, any
substance whatever into any public well, nor
shall any person descend thereinto without
permission of the Superintendent of Roads;

(d) stand, sit, or lounge on any wall, fence, post or
chain enclosing any public square or place, or
damage any bench thereon, or pull up, damage
or interfere with any plant, tree or bush growing
thereon;

(e) save by permission of the Minister suffer or
permit any animal to graze in, upon or over any
public road or place.

4. (1) The owner or occupier of all premises whether
in actual occupation or not shall keep such premises at all
times free from all rubbish and other like substances, and
when required by the Minister, shall cut the bush which
may be growing on such premises within twenty-five feet
from any adjacent property and within ten feet of any
public road.

(2) It shall be the duty of the Director of Public
Works or some other person deputed by him from time to
time to carry out an inspection of all premises in New
Providence for the purpose of ascertaining any violations
of sub-rule (1), and for the proper execution of such duty it
shall be lawful for the Director of Public Works or the
person deputed by him, together with such persons as he
would require to attend and assist him, to enter upon any
premises and to remain there for such time as may be
necessary for the performance of the duty hereby imposed.

(3) Where on inspection or complaint, a breach of this
rule is found to exist, an order signed by the Director of
Public Works requiring the removal of rubbish and other
like substances and/or the cutting of any bush which may
be growing on the premises shall be served on the owner or
occupier of the premises, as the case may be, and all such
orders shall state the time within which the premises shall
be cleaned.

(4) When the owner or occupier of premises in respect
of which an order has been made cannot be found, every such
order may be served by delivering the same or a copy
thereof to some person on the said premises or if no person
can be found thereon, by affixing such order or a copy
thereof upon some conspicuous part of such premises.

The removal of
rubbish.
G.N. 188/1958.
G.N. 246/1959.

G.N. 246/1959.

CH.26 – 6] PUBLIC WORKS





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(5) If, at the expiration of the time limit in the order,
the requisition of the Director of Public Works has not
been complied with, the owner or occupier, as the case
may be, against whom it has been made shall be guilty of
an offence and shall be liable on summary conviction to a
penalty of eight dollars and in the case of a continuing
offence to a further penalty of four dollars for every day
the offence continues, and in any such case the Director of
Public Works may, in his discretion, by his servants or
agents at any reasonable time during the day time enter
upon the premises in respect of which such order has been
made and carry out the terms of the order and the owner or
occupier, as the case may be, shall, in addition to any
penalties as aforesaid, be summarily liable for all expenses
up to one hundred dollars incurred in carrying out the
terms of the said order and such sum shall be a charge
against the owner or occupier of the premises, as the case
may be, and against the premises.

(6) In the event the owner or occupier is not
responsible or for any reason the Director of Public Works
is satisfied that the offence is not due to the negligence of
the owner or occupier, the Director of Public Works may
cause the premises to be cleaned under his direction
without any cost to the owner or occupier thereof.

(7) For the purpose of this rule the term “rubbish”
shall be deemed to include old metal, old and broken down
cars and trucks, old timber, disused and obsolete plant,
saw dust and shavings, old packing cases and barrels.

5. No person shall —
(a) save by permission of the Minister or the police

drive or propel any vehicle upon, over or across
the grass in any public square or place vested in
the Treasurer for public purposes;

(b) save in any parking space provided for that
purpose park any vehicle in the public square, or
lean or rest any bicycle or other similar vehicle
against any public building;

(c) save by the permission of the Minister drive or
propel or haul or convey any crane, tractor,
concrete mixer or any heavy machinery on any
road or street, or transport or move any building or
construction, by means of trailers, low-bed
haulers, truck, or wheeled vehicle, or by means of
skids over any public road;

G.N. 104/1962.

5 of 1987.

Restrictions on
use of vehicles,
etc.

G.N. 188/1958.

PUBLIC WORKS [CH.26 – 7


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(d) operate or cause to be operated any truck or
vehicle with solid tyres on any public road or
street save with the permission of the Super-
intendent of Roads or the police who will allow
the operation of such trucks with solid tyres
provided the maximum load, carrying capacity
included, does not exceed two tons, and that the
tyres are, in their opinion, in good condition;

(e) be permitted to ride any motor cycle or bicycle
on the Fort Montagu beach within the following
area, viz. —

From the northeast boundary of the Nassau
Yacht Club property eastwardly to the Fort
point and then southwardly to a point in line
with the northern side of Shirley Street or the
southern boundary line of the Montagu Hotel
grounds.

6. No person shall —
(a) obstruct or render inconvenient to persons using

the same the landing steps of the several public
abutments in New Providence;

(b) save by the permission of the Minister, or the
Port Director, moor or cause or procure to be
moored any vessel alongside of the Rawson
Square Abutment or Prince George’s Wharf;

(c) save by permission of the Minister, or the police,
or during a storm, or to escape the perils of the
sea, haul any vessel or boat on to any public
square, road or place;

(d) be permitted to bathe any horse, mule or ass
from the Fort Montagu beach within the
following area, viz. —

From the northeast boundary of the Nassau
Yacht Club property eastwardly to the Fort
point and then southwardly to a point in line
with the northern side of Shirley Street or the
southern boundary line of the Montagu Hotel
grounds.

7. (1) Applications for interments must be made to
the keepers of the respective cemeteries, who will give
instructions where new graves may be dug. In the event of
an old grave being opened, permission in writing from the
Minister for Health must be first obtained.

G.N. 265/1939.

Restrictions on
use of landing
places by persons
or vessels.

G.N. 265/1939.

Public
cemeteries.

CH.26 – 8] PUBLIC WORKS





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(2) The keepers of the respective cemeteries shall
keep the keys of same, and shall open such cemeteries
whenever necessary upon payment of the following fee —

there shall be a fee of one dollar for every interment,
either in a vault or single grave, of a child under the
age of ten years, and two dollars for every person
above that age.
(3) Carefully prepared diagrams of the respective

cemeteries shall be kept by the Public Works Department.
(4) An officer appointed by the Minister and keepers

shall each keep distinct registers of burials in books
provided for that purpose, wherein shall be entered as soon
as practicable after burial shall be completed, the several
particulars set forth in the Schedule A, hereto annexed.

(5) It shall be the duty of the said keepers at least
once a month to carry their respective register books to the
officer appointed by the Minister, in order that he may
enter all burials in his register books which have not been
previously registered by him.

(6) A fee of two dollars shall be charged in respect of
any casket allowed to remain in the Mortuary Chapel in the
Western Cemetery until interment or removal.

(7) (a) There shall be allotments of nine by four feet
laid out in any public cemetery and the exclusive right of
burial shall be purchased for each allotment before
interment; the fee for the same being sixty dollars. The
grant of exclusive right of burial shall be in the form
prescribed in Schedule B to these Rules.

(b) Any person having exclusive right of burial in an
allotment in a public cemetery shall be able to assign such
right to any person upon notice in writing of same being
given to the Minister. The assignment of the exclusive right
of burial shall be in the form prescribed in Schedule C to
these Rules.

(8) Persons having purchased the exclusive right of
burial in one or more allotments shall be at liberty, upon
application to the Minister, to erect thereon a vault,
tombstone, or monument or to enclose or kerb or
surround the same with a kerb, wall, hedge or fence.

5 of 1982.

Schedule A.

5 of 1987.

G.N. 188/1958.
S.I. 53/1996.

5 of 1987.

Schedule B.

S.I. 53/1996.

Schedule C.

PUBLIC WORKS [CH.26 – 9


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(9) Any person who shall be employed in the digging
of any grave or graves or in the erecting of any vault,
tombstone, monument, kerb, wall, hedge or fence in any
public cemetery of this Island shall, after its completion,
remove all earth, stones and other materials which may
have accumulated during the progress of the work, and
leave the spot properly levelled and cleaned. Failing to do
so, after twenty-four hours notice to remove the same, then
it shall be lawful for the Minister or any duly authorised
servant or agent, or other person delegated by him for that
purpose, to remove the same, and all expenses incurred in
such removal shall be recoverable from the owner of such
vault, tombstone, monument, kerb, wall, hedge or fence or
the person responsible for the digging of such grave or
graves.

(10) No person shall bring or cause to be brought or
permit any dog or bitch of which he is the owner or keeper
to come in or remain in the several cemeteries.

(11) No person shall, save with the permission of the
Minister —

(a) dig or cause or procure to be dug or cut any
grave or graves in any public cemetery;

(b) enclose or kerb or surround or cause or procure to be
kerbed or enclosed or surrounded by any kerb, wall,
hedge or fence of any description, any grave or
graves in any public cemetery;

(c) alter, plant, cut down or remove trees, or do
work of any kind in the public cemeteries. Roses,
foliage and flowering plants may be planted.

Penalty on summary conviction, a fine of one
hundred dollars.

8. (1) All proceedings under these Rules may be
instituted by a peace officer or by any person authorised in
writing by the Minister.

(2) Any person committing a breach of any of the
above Rules shall, except where otherwise specified, be
liable on summary conviction, to a penalty not exceeding
eighty dollars.

5 of 1987.

Procedure and
penalties.

G.N. 188/1958.

CH.26 – 10] PUBLIC WORKS





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

SCHEDULE A (Rule 7(4))

Name. Rank or Profession. Age.
Data of
Burial.

By whom
Buried.











SCHEDULE B (Rule 7(7)(a))

GRANT OF EXCLUSIVE RIGHT OF BURIAL IN A PUBLIC
CEMETERY

THE BAHAMAS
NEW PROVIDENCE
THIS INDENTURE is made the ...................................... day of
........................ A.D. 19 ...... BETWEEN the Minister for Works
(hereinafter referred to as the Grantor) of the one part AND
of ..................................................................................
(hereinafter referred to as the Grantee) of the other part

WHEREAS the Grantor has agreed to grant to the Grantee the
exclusive right of burial in respect of the .........................................
Cemetery in the Island of New Providence aforesaid for the
consideration of ...........................................................................

NOW THEREFORE in consideration of the sum of .............
paid by the Grantee to the Grantor the receipt whereof the Grantor
hereby acknowledges the Grantor hereby grants unto the Grantee
the exclusive right of burial in all that allotment of grave space
situate in the ................................................................. Cemetery
in the said Island of New Providence and marked No. ................
on the diagram or plan thereof kept by the Public Works
Department TO HOLD the same to the use of the Grantee ...........
heirs and assigns forever for the purpose of burial subject
nevertheless to the Acts of Parliament Rules and Regulations for
the time being affecting the said Public Cemetery.


G.N. 188/1958.

S.I. 53/1996.

PUBLIC WORKS [CH.26 – 11


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS


IN WITNESS WHEREOF the Minister has caused his Seal
to be hereunto affixed the day and year first hereinabove
written.

The Seal of the Minister for Works is hereby authenticated by this
...................................... day of ................................. A.D. 19 ......

Signed ............................................
Minister or officer

authorised by him in
that behalf.



SCHEDULE C (Rule 7(7)(b))

ASSIGNMENT OF EXCLUSIVE RIGHT OF BURIAL IN A
PUBLIC CEMETERY

THE BAHAMAS
NEW PROVIDENCE

I, ..........................................................................................
of ............................................................. in consideration of the
sum of ................................ paid to me by .................................
of ................................................. do hereby assign unto the said
..................................................... the exclusive right of burial in
the allotment of grave space situate in the ..................................
Cemetery in the Island of New Providence and marked No. ......
on the diagram or plan thereof kept by the Public Works
Department which was granted to me by ....................................
by a deed of grant bearing date the ................... day of ...............
A.D. 19 ...... and all my estate, title and interest therein TO HOLD
the same unto the said ......................................................... heirs
and assigns forever subject to the conditions on which I held the
same immediately before execution hereof.

WITNESS my hand and seal this .............................. day of
........................................ A.D. 19 .......
....................................................................................................
Signed, Sealed and Delivered by the above-named

in the presence of:
Witness.

.......................................


G.N. 188/1958.

S.I. 53/1996.
Read Entire Law on laws.bahamas.gov.bs