Antigua and Barbuda Agricultural Development Corporation Act

Link to law: http://laws.gov.ag/acts/chapters/cap-20.pdf
Published: 1979

Antigua and Barbuda Agricultural (CAP. 20 1
Development Corporation Act

CHAPTER 20

THE ANTIGUA AND BARBUDA AGRICULTURAL
DEVELOPMENT CORPORATION ACT

Arrangement of Sections
Section

Short title.
Interpretation.
Establishment and constitution of Corporation.
Incorporation.
Affixing of seal and authentication of documents.
Remuneration of members.
Appointment of officers and servants.
Meeting of Corporation and procedure.
Protection of Corporation.
Functions of Corporation.
Power of Corporation.
Regulations.
Power of Minister to give general directions.
Funds and resources of Corporation.
Application of funds of Corporation.
Investment of funds.
Accounts and audit.
Annual Report.

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Antigua and Barbuda Agricultural (CAP. 20 3
Development Corporation Act

ANTIGUA AND BARBUDA AGRICULTURAL
DEVELOPMENT CORPORATION

(1st March, 1979.) 1111978.

1. This Act may be cited as the Antigua and Barbuda Short tit'e.
Agricultural Development Corporation Act.

2. In this Act unless the context otherwise requires- Interpretation.

L ( agriculture" includes fisheries, forestry, horticulture

and the use of land for any purpose of husbandry,
inclusive of the keeping or breeding of livestock,
poultry or bees, the cultivation of fruit, vegetables
and the like and the establishment of grasslands
and of soil or water conservation works, and
"agricultural" has a corresponding meaning;

"the Corporation" means the Antigua and Barbuda
Agricultural Development Corporation establish-
ed under section 3;

"land" includes messuages, tenements and
hereditaments, corporeal or incorporeal, of every
kind and description and houses and other buildings
and any estate, right, title or interest in, to or over
land.

3. (1) There is hereby established a body to be call- and E stablishment constitution
ed the Antigua and Barbuda Agricultural Development of Corporation.
Corporation.

(2) The Corporation shall consist of-

(a) the Director of Agriculture;

(b) the Chairman of the Central Marketing Cor-
poratlon; and

( c ) seven other members to be appointed by the
Minister:

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4 CAP. 20) Antigua and Barbuda A~.ricultural
Development Corporation

Provided that no Cabinet Minister, Speaker of the
House of Representatives, President of the Senate or
Leader of the Senate may be appointed.

(3) The Minister shall appoint a Chairman and a
Deputy-Chairman from among the non ex-officio members
of the Corporation.

(4) A member of the Corporation shall, subject to the
provisions of subsection (6), (7) and (8) hold office for such
period, not exceeding three years, as the Minister may
direct in the instrument appointing such member, but such
member shall be eligible for re-appointment.

(5) The Minister may by instrument in writing appoint
some suitable person as a member of the Corporation to act
temporarily in the place of any member of the Corporation
in the case of the absence or inability to act of such Member.

(6) Any member of the Corporation other than the
Chairman may at any time resign his office by instrument
in writing addressed to the Chairman thereof, who shall for-
thwith cause the same to be forwarded to the Minister, and
upon the date of the receipt by the Chairman of such instru-
ment such member shall cease to be a member of the
Corporation.

(7) 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
of such instrument by the Minister.

(8) The Minister by instrument in writing may at any
time revoke the appointment of any member of the Cor-
poration if he thinks it expedient so to do.

(9) The appointment, removal, death or resignation of
any member of the Corporation shall be notified in the Gazette.

Incorporation. 4. (1) The Corporation shall be a body corporate hav-
ing perpetual succession and a common seal, with power
to purchase, lease or otherwise acquire and hold and dispose
of land and other property of whatever kind:

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Antizua and Barbuda Agricultural (CAP. 20 5
Development Corporation Act

Provided that no sale of land or lease for a period of
seven years or more may be made without the prior approval
of Cabinet.

(2) The Corporation may sue and be sued in its cor-
porate name and may for all purposes be described by such
name, and service upon the Corporation of any notice, order
or other document of whatsoever kind, shall be executed by
delivering the same to or sending it by registered post ad-
dressed to the Secretary of the Corporation at the Office of
the Corporation.

5 . (1) The seal of the Corporation shall be kept in ~ ~ ~ t h , " ~ o n
the custody of the Chairman or Deputy-Chairman or such ofdo-ena.
officer of the Corporation as the Corporation may approve,
and may be affixed to instruments pursuant to a resolution
of the Corporation and in the presence of the Chairman or
Deputy-Chairman and one other member.

(2) The seal of the Corporation shall be authenticated
by the signature of the Chairman or Deputy-Chairman and
such other member, and such seal shall be officially and
judicially noticed.

(3) All documents, other than those required by law
to be under seal, and all decisions of the Corporation may
be signified under the hand of the Chairman or
Deputy-Chairman.

6. The Corporation shall pay to each member of the E","c:;;tion of
Corporation, in respect of his office as such, such remunera-
tion and allowances (if any) as the Minister may determine
and to the Chairman and to the Deputy Chairman in respect
of his office as such, such remuneration and allowances (if
any) in addition to any remuneration or allowances to which
he may be entitled in respect of his office as a member as
may be so determined.

7. The Corporation shall appoint and employ, at such $gc:t::;t
remuneration and on such terms and conditions as it thinks servants.
fit, such officers, agents and servants as it deems necessary
for the proper carrying out of the provisions of this Act:

Provided that-

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6 CAP. 20) Antigua and Barbuda Agricultural
Development Corporation

(a) no salary in excess of the rate of six thousand
dollars per annum shall be assigned to any post without
the prior approval of the Minister;

(b) no appointment shall be made to any post to
which a salary in excess of six thousand dollars per an-
num is assigned without the prior approval of the
Minister; and

(G) no provision shall be made for the payment of
any pensions, gratuities or other like benefits to any of-
ficers or servants or to others by reference to their ser-
vice without the prior approval of the Minister.

Meeting of
Corporation and

8. (1) The Corporation shall meet at such times as
procedure. may be necessary or expedient for the transaction of business,

and such meetings shall be held at such places and times
and on such days as the Corporation may determine.

(2) The Chairman, or in the event of his being absent
from Antigua and Barbuda or for any reason whatsoever
unable to act, the Deputy-Chairman, may at any time call
a special meeting within seven days of a requisition for that
purpose addressed to him in writing by any three members
of the Corporation.

(3) The Chairman, or in his absence the Deputy-
Chairman shall preside at all meetings of the Corporation.

(4) The Chairman, or in his absence the Deputy-
Chairman and three other members of the Corporation shall
form a quorum.

(5) The decisions of the Corporation shall be by a ma-
jority of votes and, in addition to an original vote, in any
case in which the voting is equal the Chairman or Deputy-
Chairman presiding at the meeting shall have a casting vote.

(6) Minutes in proper form of each meeting shall be
kept by the Secretary or such other officer as the Corpora-
tion may appoint for the purpose, and shall be confirmed
by the Corporation at the next meeting and signed by the
Chairman or the Deputy-Chairman as the case may be.

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Antigua and Barbuda Agricultural (CAP. 20 7
Development Corporation Act

(7) The Corporation may, after consultation with the
Minister co-opt any one or more persons to attend any par-
ticular meeting of the Corporation for the purpose of assisting
or advising the Corporation in any matter with which the
Corporation is dealing, but no co-opted person shall have
the right to vote.

(8) Subject to the provisions of this Act, the Corpora-
tion shall have the power to regulate its own proceedings.

9. (1) No act done or proceedings taken under this Eg:'!
Act shall be questioned on the ground-

(a) of the existence of any vacancy in the member-
ship of, or any defect in the constitution of the Cor-
poration; or

(b) of any omission, defect or irregularity not af-
fecting the merits of the case.

(2) No action, suit, prosecution or other proceedings
shall be brought or instituted personally against any member
of the Corporation in respect of any act done bonafide in
pursuance of or execution or intended execution of this Act.

(3) Where any member of the Corporation is exempt
from liability by reason only of the provisions of this sec-
tion, the Corporation shall be liable to the extent that it would
be if the said member was a servant or agent of the
Corporation.

Functions of 10. It shall be the duty of the Corporation-
(a) to stimulate, facilitate and undertake the

development of agriculture in Antigua and Barbuda and
to carry out, operate and participate in such Agricultural
projects as the Minister may approve; and

(b) to develop and manage, on a commercial basis,
such plantations and other agricultural land as may from
time to time be vested in it along the lines of the Govern-
ment's agricultural policy and so as to stimulate and
encourage the private sector; and

(c) to prepare and subsequently administer such
agricultural development schemes, particularly of a com-
mercial nature as the Minister may approve.

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Development Corporation

Power of
Corporation.

1 . The Corporation shall, subject to the provisions
of this Act, have power to carry on all activities the carrying
on of which appears to it to be requisite, advantageous or
convenient for or in connection with the discharge of its duties
under this Act.

Regulations. 12. (1) The Corporation may, with the written
approval of the Minister, make regulations generally for
better carrying out of the purposes of this Act.

(2) Regulations made under this section shall be laid
before the House of Representatives so soon as may be after
they are made, and if the House of Representatives resolves
that the regulations be annulled, they shall thereupon cease
to have effect but without prejudice to anything previously
done thereunder or to the making of new regulations.

Power of 13. The Minister may give to the Corporation direc-
Minister to give
general tions of a general character as to the policy to be followed
directions. in the exercise and performance of its functions in relation

to matters appearing to the Minister to concern the public
interest, and the Corporation shall give effect to any such
directions.

Funds and
resources of

14. (1) The funds and resources of the Corporation
Corporation. shall consist of-

(a) such sums as may be provided for the purpose
from time to time by Parliament by way of grant or
advance;

(6) such sums as may from time to time accrue
from the operations of the Corporation;

(c) such sums or property which may in any man-
ner become payable at or vested in the Corporation in
respect of any matter incidental to its powers and duties;

(d) such sums as may from time to time be
borrowed by the Corporation for the purpose of meeting
any of its obligations or discharging any of its functions;
and

(e) such sums as may become available from any
source approved by the Minister.

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Antigua and Barbuda Agricultural (CAP. 20 9
Development Corporation Act

(2) Subject to the provisions of subsection (3) the Cor-
poration may borrow sums required by it for meeting any
of its obligations or discharging any of its functions.

(3) The power of the Corporation to borrow for capital
purposes shall be exercisable only with the approval in writing
of the Cabinet as to the amount, as to the sources of the
loan and as to the terms on which the loan may be accepted
and such approval may either be general or limited to a par-
ticular loan or otherwise and may be either unconditional
or subject to conditions.

15. (1) The funds of the Corporation shall be applied Application of
funds of towards meeting the obligations and discharging any of the Corporation.

functions of the Corporation under this Act and any matters
incidental to the foregoing.

(2) The power of the Minister to give directions to the
Corporation shall extend to the giving to them of directions
as to any matter relating to the establishment or manage-
ment of the said funds, the carrying of funds to the credit
thereof, or the application thereof, notwithstanding that the
directions may be of a specific character.

16. Any sums standing to the credit of the Corpora- Investment of
funds.

tion may from time to time be invested in securities approved
either generally or specifically by the Minister, and the
Corporation may from time to time, with the like approval,
re-invest any such sums in all or any of such securities.

17. (1) The Corporation shall keep accounts of its and
transactions in such form and manner as shall satisfy the
Minister and such accounts shall be audited annually by an
auditor appointed by the Corporation with the approval of
the Cabinet.

(2) The Director of Audit shall be entitled, on the direc-
tion of the Minister, to carry out at any time an investiga-
tion into, or a special audit of such accounts.

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Development Corporation Act

(3) The members, officers and servants of the Corpora-
tion shall grant to the Director of Audit or the auditor ap-
pointed to audit the accounts under subsection (1) as the case
may be, access to all books, documents, cash and securities
of the Corporation and shall give to him on request all such
information as may be within their knowledge in relation
to the operation of the Corporation.

(4) If any person fails to comply with the provisions
of subsection (3) he shall be guilty of an offence and shall
be liable on summary conviction to a fine of one thousand
dollars and to imprisonment for six months.

Annual Report. 18. (1) The Corporation shall as soon as possible after
the expiration of each financial year and in any event not
later than the thirtieth day of June in any year, submit to
the Minister a report containing-

(a) an account of its transhctions throughout the
preceding financial year in such detail as the Minister
may direct; and

(6) a statement of the accounts of the Corporation
audited in accordance with the provisions of section 17.

(2) The Minister shall cause a copy of the said report
together with a copy of the auditor's report to be laid on
the table of both houses of Parliament as soon as practicable
after the receipt thereof.
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