Jamaica's new Constitution, granted by Britain, was officially put in force as the old Legislative Council was prorogued and dissolved by proclamations of the governor in the Gazette. Notably, certain sections of the Constitution Order in Council were excluded from immediate implementation, including Section 5, granting the governor power to modify laws, and Sections 8 to 21, establishing an Executive Council, pending completion of elections.

PUBLISHED TUESDAY, NOVEMBER 21, 1944

Gov proclaims new Constitution

Jamaica’s new constitution now in force on the island

Employees must be given time to vote on election day

The new Constitution granted to Jamaica by Britain is now in force. The old Legislative Council was prorogued and dissolved by proclamations of the governor in the Gazette on Saturday. The same Gazette contained the proclamation of Monday, November 20 as the Appointed Day when the new Constitution should come into force.

The only sections of the Constitution Order in Council which were not brought into force by the Governor’s proclamation were:

Section 5, which gives the governor power to modify laws to make them accord with the change. This section came into operation forthwith on the signing of the Order in Council by His Majesty on October 27;

Sections 8 to 21 (inclusive), which  provide for the setting up of an Executive Council and will not be proclaimed by the ogvernor until the elections have been completed and the House is about to meet.

Section 35, relating to the constituencies which came into force immediately on the signing of the Order in Council.

Section 38 (2), which gave the old Legislative Council power to make legislative provisions for the elections of the House of Representatives: and which came into force forthwith on the signing of the Order in Council: and

Section 61, which gives the Secretary of State power to make amendments necessary to the Order in Council to remove any difficulty which might arise in bringing the Constitution into operation, a power which will continue until January 1, 1947.  This section also came into force forthwith on the signing of the Order in Council.

The proclamation Gazette also contained regulations under the Representation of the People’s Law governing the elections. These regulations govern returns to be made by returning officer, details of election management,  and the issue of voters' lists to candidates.

MUST GET TIME TO VOTE

An important regulation concerns the right of employees to be given time off to go and vote.  This regulation declares:

“(1) Subject to the provisions of paragraph (2) of this regulation, every employer shall permit each of his employees to be absent from his work on polling day for three hours in addition to the normal meal hour.

(2)The provisions of paragraph of this regulation shall not apply to any employee whose work on polling day commences at or after 10 a.m. or concludes before or at 2 p.m.”

Therefore the provision is taken to mean that employers may allow employees to come to work at 10 a.m. instead of any earlier hour, or let them off at 2 p.m., instead of any later hour, and not have to make any further allowance of time.

The regulations also provide for symbols to be used on the election ballot papers, as previously published in this paper.

The legal profession will be particularly interested in the Proclamation by which the Governor makes necessary amendments to existing laws, regulation etc.. so as to bring references there in accord with the changed Constitution.  The schedules to this proclamation contain a long list of legislation to which certain forms of amendments apply.

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