Industrial Development Board Act

Link to law: http://laws.gov.ag/acts/chapters/cap-215.pdf
Published: 1953

Industrial Deuelopment Board (CAP. 2 15 1

CHAPTER 215

THE INDUSTRIAL DEVELOPMENT BOARD ACT

Arrangement of Sections
Section

1 . Short title.
2. Interpretation.
3 . Establishment of Industrial Development Board.
4. Constitution of Board.
5. Appointments of officers and servants.
6. Establishment of provident fund, etc.
7. ~ecisions of the Board.
8. Meetings of the Board.
9. Disclosure by member of interest in transaction with

Board and disqualification from voting, etc.
10. Power of the Board to acquire and dispose of property.
1 1 . Duties and powers of the Board.
12. Power to delegate.
13. Advances and repayment of advances.
14. Funds of the Board.
15. Accounting.
16. Audit of accounts.
1 7 . Annual report.
18. No personal liability to attach to members of Board.
19. Offences in respect of loans.
20. Fiat of Director of Public Prosecutions.

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Industrial Development Board (CAP. 2 15 3

INDUSTRIAL DEVELOPMENT BOARD

(21st November, 1953 .) 1311953.
211955.

1811989.
S.I. 3911989.

1. This Act may be cited as the Industrial Short title.
Development Board Act.

2. In this Act- Interpretation.

"Board" means the Industrial Development Board
established under section 3;

"chairman" means chairman of the Board;

' < meeting" means meeting of the Board;

"member" means member of the Board;

' ( secretary" means secretary of the Board.

3. (1) There shall be established in accordance with f,"zb,l;;h,~t of
this Act a Board to be called the "Industrial Development Development
Board" which shall be a body corporate with perpetual Board.
succession and a common seal.

(2) The common seal of the Board shall be authenticated
by the signatures of the chairman and the secretary and shall
be judicially noticed. \~,

( 3 ) All deeds and other documents required by law to
be made under seal shall be sealed with the common seal
of the Board, and signed by the chairman and countersign-
ed by the secretary.

(4) All documents, other than those required by law
to be under seal, made by, and all decisions, of the Board
may be signified under the hand of the secretary.

( 5 ) The Board shall have the power to make contracts
and to sue and be sued in their corporate name.

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4 CAP. 2 15) Industrial Development Board

(6) The Board shall have an office in the city of
Saint John's.

(7) Subject to the provisions of this Act-

(a) all powers, authorities, interests, rights,
immunities and privileges vested in the Industrial
Development Board as constituted under the provisions
of the Industrial Development Ordinance, 1952
(hereinafter called the "former Board") immediately
before the commencement of this Act, including the right
to recover and receive all moneys due and payable to
the former Board, shall be deemed to be vested in the
Board, and all property real and personal belonging to
the former Board is hereby declared to be vested in the
Board;

(6 ) the benefits and burdens of any contract to
which the former Board is a party and which is in force
immediately before the commencement of this Act shall
be deemed to have been transferred from the former
Board to the Board.

Constitution of
Board.

4. (1) The Board shall consist of as many members
as the Cabinet may determine and appoint:

Provided that the persons appointed and serving as
members of the Industrial Development Board established
under the Industrial Development Ordinance, 1952,
immediately before the commencement of this Act shall, for
the period of their appointments under the said Ordinance
and until appointments are made under this subsection,
constitute the Industrial Development Board established
under this Act, and every such appointment as aforesaid shall ,
have effect as if it were made under the provisions of this Act.

(2) Every member shall hold office during the pleasure
of the Cabinet:

Provided that every member shall automatically vacate
his office after he has held it for two years but he shall be
eligible for reappointment.

(3) The Minister shall appoint from among the
members a chairman who shall preside at all meetings but

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Industrial Development Board (CAP. 2 15 5

in his absence the members present shall elect one of their
number to be chairman of the meeting.

(4) A member shall vacate his office if he-

(a) resigns in writing addressed to the Minister;

(6) departs from Antigua and Barbuda without the
leave of the Board or remains out of Antigua and
Barbuda after the expiration of his leave;

(c) fails, without reasonable excuse (the sufficiency
whereof shall be determined by the Board) to attend
three consecutive meetings of the Board.

(5) The Cabinet may at any time appoint some person
to be a member-

(a) for the unexpired period of office of any member
who shall die or vacate his office;

(6) for the period of any leave granted to a member.

(6) Where the chairman is absent from Antigua and
Barbuda or on leave, the Minister may appoint another
member to be chairman for the time being.

(7) The powers of the Board shall not be affected by
any vacancy in the membership thereof.

5 . (1) The Board may employ-
(a) an executive officer;

(6) a secretary;

(c) an accountant; and

(d) engineers, officers, inspectors, and such clerks,
workmen and labourers as may be necessary,

and fix the salaries or wages to be paid to them:
Provided that no salary in excess of the rate of three

thousand dollars per annum shall be assigned to any post
without the prior approval of the Minister:

Provided further that no appointment to any post
carrying a salary in excess of three thousand dollars per

Appointment of
officers and
servants.

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6 CAP. 2 15) Industrial Development Board

annum shall be made without the prior approval of the
Minister.

(2) The Board may suspend or dismiss any such officer
or person.

(3) The Board may require any such officer or servant
to give security to their satisfaction for the due execution
of his duties.

Establishment of
provident fund,

6. It shall be lawful for the Board to provide for the
etc. establishment and maintenance of a provident fund or

pensions scheme for the benefit of the officers and servants
of the Board and for that purpose to make such arrangements
as the Board may deem necessary:

Provided that no such provident fund or pensions scheme
shall be established without the prior approval of the Minister.

Decisions of the
Board. 7. Decisions of the Board may be taken at meetings

or, in cases in which the chairman shall so direct, by the
recording of the opinions of members on papers circulated
among them:

Provided that where papers are circulated-

(a) the chairman may direct that the papers shall
not be circulated to any member who through interest,
illness, absence from Antigua and Barbuda or other-
wise, is, in the opinion of the chairman, incapacitated
from voting on such papers;

(6 ) a decision shall not be acted upon unless it is
unanimous.

Meetings of the 8. (1) The chairman or any two other members may
\

Board.
at any time call a meeting.

(2) The quorum of the Board at any meeting shall be
three.

(3) The decisions of the Board at a meeting shall be
by majority of votes:

Provided that, in any case in which the voting shall be
equal, the chairman shall have a second or casting vote.

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Industrial Development Board (CAP. 215 7

(4) Minutes of each meeting shall be kept in proper form
by the secretary and shall be confirmed by the chairman at
the next ensuing meeting and a copy of such minutes shall
as soon as practicable thereafter be forwarded to the Minister.

(5) No act done or proceeding taken under this Act shall
be questioned on the ground of the contravention by a
member of the provisions of section 9.

(6) Subject to the provisions of this section the Board
shall have power to regulate their own proceedings.

9. (1) Subject to the provisions of this section, it shall E;c&~;~~Y
be the duty of a member who is in any way, whether directly interest in
or indirectly, interested in an application to the Board for :,";?:; with
a loan under the provisions of this Act or in a company or disqualification
firm in receipt of such a loan, or in a contract or proposed from voting, etc.
contract with the Board, to declare the nature of his interest
at a meeting.

.(2) In the case of any such application or proposed
contract the declaration required by this section to be made
by a member shall be made at the meeting at which the
question of granting or refusing the application or entering
into the contract is first taken into consideration; or, if such
member was not at the date of that meeting interested in
the application or proposed contract, at the next meeting
held after he became so interested; and in a case where such
member acquires an interest in any company or firm in
receipt of a loan from the Board or becomes interested in
a contract with the Board after it is made, the said declaration
shall be made at the first meeting held after such member
acquires such interest or becomes to interested.

(3) For the purpose of this section, a general notice given
to the other members by a member to the effect that he is
also a member of a specified company or firm and is to be
regarded as interested in any application for a loan from
the Board or in any contract which may, after the date of
the notice, be made by or with that company or firm, shall
be deemed to be a sufficient declaration of interest in relation
to any application or contract so made:

Provided that no such notice shall be of effect unless
either it is given at a meeting or the member concerned takes

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8 CAP. 2 15) Industrial Development Board

reasonable steps to ensure that it is brought up and read
at the next meeting after it is given.

( 4 ) A member shall not vote in respect of any application
to the Board for a loan in which he is interested, or in respect
of any contract or arrrangement in which he is interested,
and if he shall do so his vote shall not be counted, nor shall
he be counted in the quorum present at the meeting.

(5) Any member who fails to comply with the provisions
of subsections (I) , ( 2 ) and (3) or contravenes the provisions
of subsection ( 4 ) shall be guilty of an offence against this
Act, and shall be liable on summary conviction to a fine
not exceeding five thousand dollars or to imprisonment with
or without hard labour for a term not exceeding six months.

Power of the
Board to acquire 10. (1) Subject to the provisions of this Act, the Board
and dispose of may acquire, hold, mortgage and dispose of any property
property. real and personal:

Provided that no purchase, sale or disposition of any
land by the Board shall be made without the approval of
the Minister.

(2) If the Board is unable to acquire by agreement and
on reasonable terms any land which they consider it necessary
to acquire for the purposes of this Act, the Board shall report
the fact to the Minister and, if the Board so requests, the
Minister may, if he thinks fit, take the necessary steps to
acquire such land compulsorily under the provisions of the
Land Acquisition Act.

Duties and
powers of the

1 . (1) It shall be the duty of the Board to stimulate,
Board. facilitate and undertake the development of industry in

Antigua and Barbuda.
/

( 2 ) The Board shall have power for the purpose of the
discharge of their duty under subsection (1)-

(a) to carry on all activities the carrying on whereof
appear to them to be requisite, advantageous or
convenient for or in connection with the discharge of
their said duty, including the processing and marketing
of products and research activities;

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Industrial Development Board (CAP. 2 15 9

( b ) to promote the carrying on of any such activities
by other bodies or persons, and for that purpose to
establish or expand, or promote the establishment or
expansion of, other bodies to carry on any such activities
either under the control or partial control of the Board
or independently, and to give assistance to such bodies
or to other bodies or persons appearing to the Board
to have facilities for the carrying on of any such activities,
including financial assistance by the taking up of share
or loan capital, or by loan or otherwise;

(G) to carry on any such activities in association
with other bodies or persons (including Government
authorities) or as managing agents or otherwise on their
behalf.

(3) The Cabinet may, after consultation with the
chairman, give to the Board directions in writing of a general
character as to the policy to be followed in the exercise and
performance of their functions in relation to matters
appearing to them to concern the public interest and the
Board shall give effect to any such directions.

12. It shall be lawful for the Board, with the approval ~ ~ ~ ~ ~ t : ~
of the Minister, to delegate to any person or body of persons,
as their agents, any of the powers and duties conferred on
them by this Act in relation to the carrying out of any activity
authorized under section 11.

13. (1) The Minister may, with the approval by $;;:;:::
resolution of the Legislature, place at the disposal of the Board .d,,,,,,.
such funds as may be necessary for carrying out their duties
under this Act, either out of the proceeds of loans raised
f a the purpose or out of the general revenue. The repay-
ment by the Board of such funds placed at its disposal by
way of loan shall be made out of the revenue derived from
their business under this Act by payments to the Accountant-
General of such amounts, at such rates of interest and at
such times as shall be specified in the resolution.

(2) Pending the raising of any such loans, it shall be
lawful for the Minister by warrant under his hand to authorize
the Accountant-General to make advances to the Board in

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10 CAP. 2 15) Industrial Development Board

Funds of the
Board.

such sums and on such terms and conditions as he may think
fit for the purposes authorized by this Act.

(3) The Board may, with the approval of the Minister,
borrow such sum or sums of money as the Board think proper
for defraying the expenses incurred in the conduct of their
business under this Act and the Board may enter into
arrangements with any bank with which the Board may have
a current account to overdraw their account to such extent
as may be approved as aforesaid.

14. (1) The funds of the Board shall consist of-
( a ) such sums as may be placed at the disposal of

the Board under section 13;

(b) such sums as may accrue to the Board from
the conduct of their business under this Act;

(c) such sums as may be provided annually for the
purpose in the Estimates of Revenue and Expenditure
of Antigua and Barbuda;

(4 such sums as may be granted to or acquired
by the Board with the approval of the Minister from
any other source.

(2) The f u n d p f the Board shall be applied towards-

( a ) the payment of rates, taxes and insurance
premiums;

( 6 ) the payment of all expenses, including the
remuneration, salaries and wages of the officers and
servants of the Board;

(c) the payment of all other expenses incurred by
the Board in the exercise of their powers and in the
conduct of their business under this Act;

(d) the payment of interest on loans and advances
and the repayment of any such loans and advances;

(e) the creation of a reserve fund up to such limit
as the Minister may authorize.

(3) It shall be lawful for the Board, with the approval
of the Minister, to invest at interest any funds of the Board.

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Industrial Development Board (CAP. 2 15 11

(4) Subject to such conditions, including the charging
of a rate of interest as it may deem fit to impose in particular
cases, the Board may, out of their funds and resources, make
loans in accordance with the provisions of this Act in that
behalf in the execution of their duty or in the discharge of
their functions under section 11.

15. (1) The Board shall cause to be kept proper books Accounting.
and accounts and other records in relation to their business
in such form as may be approved by the Director of Audit
or such other Auditor as may be appointed by the Minister.

(2) Separate accounts shall be kept in respect of each
activity undertaken by the Board.

(3) All moneys of the Board accruing from their business
under this Act shall be paid to the credit of the Board into
a current or savings account at such bank or banks as may
be appointed by resolution of the Board, and such moneys
shall be paid into such bank from day to day.

(4) Cheques against any banking account shall be signed
by the secretary and countersigned by the chairman or such
other member appointed for the purpose by resolution of
the Board, a copy of which shall be certified by the chairman
and forwarded to the bank concerned.

(5) It shall be the duty of the Board so to exercise and
perform their functions as to ensure that their revenues are
not less than sufficient to meet all sums properly chargeable
to their revenue account (including, without prejudice to the
generality of that expression, provisions in respect of their
obligations under sections 13 and 14), taking one year with
another.

16. (1) All accounts kept by the Board shall be Audit of
audited annually by the Director of Audit or such other
Auditor as may be appointed by the Minister.

(2) Such Auditor shall have the right of inspection of
such accounts at all reasonable times and the Board shall
afford all necessary facilities to the Auditor and when required
by him to do so produce to him all books and documents
in their possession or control.

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12 CAP. 2 15) Industrial Development Board

(3) The Auditor's fees, if any, and any expenses of the
Audit shall be paid by the Board.

Annual Report. 17. ( 1 ) The Board shall, on or before the 30th day
of April in each year, furnish to the Minister a report upon
their work during the year ending the 3 1 st day of December
last preceding, including-

( a ) a balance sheet and a complete statement of
revenue and expenditure, duly audited; and

( b ) the report of the Auditor.

(2) Every report furnished under subsection (1) shall
be laid before the Legislature.

No personal
liability to attach

18. No personal liability shall attach to any member
to members of in respect of anything done or suffered in good faith under
Board. the provisions of this Act, and any sums of money, damages

or costs which may be recovered against them or any of them
for anything done or suffered as aforesaid shall be paid out

. of the funds of the Board.

Offences in
respect of loans.

19. Any person-
( a ) who obtains a loan from the Board under the

provisions of this Act by means of any false
representation; or

( b ) who, having obtained a loan from the Board
under the provisions of this Act, wilfully destroys any
security given in relation to any such loan,

1

/ shall be guilty of an offence against this Act, and shall be
liable on summary conviction to a fine not exceeding twenty-
four thousand dollars, or to imprisonment with or without
hard labour for a term not exceeding six months.

Fiat of Director
of Public

20. Proceedings for the offences arising out of the
Prosecutions. provisions of this Act or in connection with any loan made

hereunder shall not be instituted without the consent in
writing of the Director of Public Prosecutions.
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