Application of Chapter 105 to Contractor-General

The Prevention of Corruption Act shall apply to the Contractor-General and the Contractor-General shall be required to make a statutory declaration of his assets, liabilities and income and comply with all other requirements of the said Act. 26 SCHEDULE I Pensionable Emoluments of Contractor-General [section 11] 1. In this ScheduleInterpretation. “pensionable emoluments” has the same meaning as in the Pensions Act; “the Act” means the Contractor-General Act. Entitlement of pensions and gratuities in respect of service as Contractor- General. 2.-(1) Where a person holding the office of Contractor-General retires in pensionable circumstances, he shall be paid pension and gratuity in accordance with this Schedule. (2) For the purposes of this paragraph and paragraph 4, a person retires in pensionable circumstances if he retires– (a) on or after the expiration of seven years from the date of his appointment to the office of Contractor-General; or (b) by reason of ill-health prior to such expiration; or (c) on his attaining the age at which he is required by or under the provisions of section 5 to vacate office. (3) For the purposes of this Act, a person retires from the office of Contractor-General on the ground of ill-health where– (a) he retires on medical evidence, to the satisfaction of the Governor-General, that he is incapable by reason of any infirmity of mind or body of discharging the duties of his office, Contractor-General 27 and that such infirmity is likely to be permanent; or (b) he is removed from office, in accordance with section 6 (4) for inability, arising from infirmity of mind or body, to perform the functions of his office. (4) A person who, pursuant to section 6 is removed from the office of Contractor-General for misbehaviour or for any cause other than inability arising from infirmity of mind or body or who retires otherwise than in pensionable circumstances, may be granted by the Governor-General such pension and gratuity as the Governor-General thinks fit not exceeding the pension and gratuity to which he would have been entitled had he retired in pensionable circumstances from such office and for the purposes of sub-paragraph (5), the date of such removal from office or retirement shall be deemed to be the date of retirement in pensionable circumstances. (5) Pension payable in accordance with this paragraph shall– (a) be charged on and payable out of the Consolidated Revenue Fund; and (b) be paid monthly in arrears with effect, subject to paragraph 4, from the date of retirement in pensionable circumstances and shall, subject to the provisions of this Act, continue to be paid during the lifetime of the person entitled thereto. 3. The rate of pension payable pursuant to paragraph 2 to any person shallRate of pension. (a) if the person has retired after completing not less than seven years service as Contractor- General or, at any time, on the ground of ill- 28 Contractor-General health, be at an annual rate equivalent to his pensionable emoluments at retirement; and (b) in any other case, be an annual rate equivalent to the sum of one-half of his pensionable emoluments at the date of retirement and one three hundred and sixtieth of such pensionable emoluments in respect of each month of service as Contractor-General, provided that the rate of pension shall not exceed the annual rate of such pensionable emoluments. Special provision where Contractor- General retires before attaining age fifty. 4. Where in accordance with paragraph 2, a person retires in pensionable circumstances before he has attained the age of fifty years– (a) the date with effect from which any pension due to him under this Act shall be payable, shall be the date on which he attains that age, but, if he elects pursuant to paragraph 5 to take a reduced pension and commuted pension gratuity, nothing in this paragraph shall prevent payment of the commuted pension gratuity at any time prior to the attainment of that age; and (b) if he dies before attaining that age, and he has not made an election to receive a reduced pension gratuity as aforesaid, he shall for the purpose of paragraph 6 be deemed to have died while holding the office of Contractor- General. Reducing pension and gratuity. 5.-(1) Any person to whom a pension (in this paragraph referred to as “the original pension”) is payable pursuant to paragraph 2 may, at his option exercisable at his retirement in pensionable circumstances or within such period prior or subsequent to his retirement as the Governor-General may allow, be paid, in lieu Contractor-General 29 of the original pension, a reduced pension at the rate of three- fourths of the annual rate of the original pension together with a gratuity (in this Act referred to as a “commuted pension gratuity”) equal to twelve and one-half times one- quarter of the original pension. (2) The option referred to in sub-paragraph (1) above shall be irrevocable unless the Governor-General, on such terms as he considers reasonable, otherwise permits. Gratuity on death. 6.-(1) Where a person dies while holding the office of Contractor-General there shall be paid to his legal personal representatives, a gratuity of an amount equivalent to– (a) one year’s pensionable emoluments; (b) the commuted pension gratuity for which the person aforesaid had a right to opt pursuant to paragraph 5 on the assumption that he retired in pensionable circumstances at the date of his death, whichever is the greater. (2) Where a person dies while in receipt of a pension pursuant to paragraph 2, there shall be paid to his legal personal representatives a gratuity of an amount equivalent to one year’s pensionable emoluments of that person at the date of his retirement or removal from office. 7. Where a person holding the office of Contractor-General dies as a result of injuries receivedPension to dependents when a Contractor- General dies as a result of injuries received. (a) in the actual discharge of his duties; (b) in circumstances in which the injury is not wholly or mainly due to or seriously aggravated by his own serious and culpable negligence or misconduct; and 30 Contractor-General (c) on account of circumstances specifically attributable to the nature of his duty, while serving in that office, it shall be lawful for the Governor- General to grant to the deceased Contractor-General’s widow, children, parents or other dependents such awards as would have been made under the Pensions Act if the office of Contractor- General were a pensionable office for the purposes of that Act. Retirement consequent upon injury or disease. 8. Where a Contractor-General– (a) is permanently injured in the actual discharge of his duty by some injury specifically attributable to the nature of his duty which is not wholly or mainly due to, or seriously aggravated by, his own serious and culpable negligence or misconduct; (b) contracts 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; (c) is permanently injured as a result of an accident or damage to an aircraft while travelling by air in pursuance of official instructions and the injury was not wholly or mainly due to, or seriously aggravated by, his own serious and culpable negligence or misconduct; (d) while proceeding by a route approved by the Governor- General to or from Belize at the commencement or termination of his service therein, or of a period of secondment, duty leave, or leave therefrom, is permanently injured as the result of damage or any act of violence to the vessel, aircraft or vehicle in Contractor-General 31 which he is travelling, if the Governor- General is satisfied that that damage or act is attributable to circumstances arising out of any war in which Belize is engaged, then, for the purpose of calculating any pension under this Act, any period of service as Contractor-General shall be deemed to be increased by twenty per centum. Pension, etc., not to be assigned. 9. A pension or gratuity payable under this Act shall not be assignable or transferable except for the purpose of satisfying– (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 children, of the person to whom the pension or gratuity is payable, and shall not be liable to be attached, sequestered or levied upon, for or in respect of any debt due or claim whatever except a debt or claim due to the Government. 10.-(1) Where a person dies while holding the office of Contractor-General or while entitled to a pension under paragraph 2, there shall be paid to his widow a pension at an annual rate equivalent to one-fifth of the pensionable emoluments of the person aforesaid at the date of his death or, if at that date he was entitled to receive a pension under paragraph 2, at the date of his retirement or, as the case may be, removal from office in accordance with this Act. Pension to widow. (2) Pension payable to a widow pursuant to sub-paragraph (1) above shall– (a) be charged on and paid out of the Consolidated Revenue Fund; and 32 Contractor-General (b) be paid monthly in arrears with effect from the date of her husband’s death and shall, subject to the provisions of this Act, continue to be paid during her lifetime. (3) In paragraph 7 of this Schedule and sub-paragraphs (1) and (2) of this paragraph, references to a widow shall, in the case of a female appointed Contractor-General, be deemed to include references to a widower and cognate expressions shall be construed accordingly, and similarly, references to a husband shall be deemed to include references to a wife. Recommendations of National Assembly. 11. In the exercise of his powers under this Schedule, the Governor-General shall act in accordance with the recommendations of the National Assembly. Contractor-General 33 SCHEDULE II Oath of Office of Assist Contractor-General. [Section 13] I .....................do swear (or solemnly and sincerely affirm and declare) that I will faithfully perform any functions assigned to me under the Contractor-General Act, and I will not, on any account, at any time whatsoever, except in so far as provisions of the Act authorize, directly or indirectly ,reveal or make known any information or the nature or contents of any documents communicated to me in the performance of any functions assigned to me by virtue of the Act. CAP.6. SO HELP ME GOD.