Airports Authority Act

Link to law: http://www.moj.gov.jm/laws/airports-authority-act
Published: 1974-07-31

AIRPORTS A UTHORITY

THE AIRPORTS AUTHORITY ACT

ARRANGEMENT OF SECTIONS

Short title.

Interpretation.

Establishment of Airports Authority of Jamaica.

Power of Minister to amend First Schedule.

Capital of Authority.

Payment of dividend.

Transfer of property.

Functions of Authority.

Ministerial directions.

General duties of Authority.

Long range development plans to be approved by Minister.

Borrowing powers.

Advances and guarantee of borrowings.

Repayment of, and interest o n advances and sums issued to meet
guarantee.

Securities.

Reserve fund.

Power to invest moneys.

Accounts and audit.

Annual report.

General Manager, secretary and other staff.

Power to delegate.

Regulations.

[Deleted by Act 28 of 2003, S. 2.1

Power of Minister to reassign functions of Authority.

SCHEDULES

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AIRPORTS A UTHORITY 3

Acts
THE AIRPORTS AUTHORITY ACT 36 of 1974,

3 of 1983,
20 of 19%.

1. This Act may be cited as the Airports Authority Act. shalt title.
\
,) Interprz-

2.-(1) In this Act- tatlon.
"an apron" means a defined area in an airport intended to

accommodate aircraft for purposes of loading or
unloading passengers or cargo, refuelling, parking, or
maintenance of such aircraft;

"the Authority" means the Airports Authority of Jamaica
established in accordance with this Act;

"the Board means the Board of Directors of the Authority
constituted in accordance with this Act;

"the chairman" means the chairman of the Board;

"debenture" includes debenture stock;

"director" means a director of the Authority;

"financial year" means the period of twelve months be-
ginning on the first day of January in any year;

"functions" includes powers and duties;
L.N

"Minister" means- 60/1988

(a) as regards any provisions of this Act relating
to the security of airports, the Minister
responsible for national security; or

(b) as regards all other provisions of this Act, the
Minister responsible for civil aviation;

"navigation services" includes information, directions
and other facilities furnished, issued or provided
for the purpose of or in connection with the
navigation or movement of aircraft and also the

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AlRPORTS A UTHORITY

.Authority of
Jamaica.

Szcand
Schzdula.

Porrer of the
hlinistzr to
amcnd First
Schzdulc.

Capital of
Authorit!..

Po>mcnt of
dividznd.

Transfzr of
propzny.

control or movement of vehicles in any part of an
airport used for the movement of aircraft other than an
apron;

"the prescribed airports" means the airports for the time
First being prescribed in the First Schedule;
Schadulz. "secretary" means the secretary of the Authority.

3.-(1) There is hereby established a body to be called the
of thz Airports

Airports Authority of Jamaica, which shall be a body corporate
to which the provisions of section 28 of the Interpretation Act
shall apply.

(2) The provisions of the Second Schedule shall have
effect with respect to the constitution and operation of the
Authority and otherwise in relation thereto.

4. The Minister may, by order, amend the First Schedule,
and any such order may also prescribe the boundaries of
any airport.

5.-(1) The authorized capital of the Authority shall be
thirty million dollars divided into thirty thousand ordinary
shares of the par value of one thousand dollars each.

(2) The Authority may tiom time to time with the
approval of the Minister vary the amount of the authorized
capital of the Authority.

(3) The Government may subscribe for the said thirty
thousand ordinary shares or such other amount as the
Minister may from time to time determine at par.

6 . The Authority shall not pay any dividend on its shares until
all its capitalized assets not represented by tangible assets
(including preliminary expenses and organization expenses)
have been completely written off.

7.-(1) Subject to paragraph (b) of subsection (2), the
Minister may, by order, transfer to the Authority any
property belonging to the Government which appears to
him to be necessary or usehl to the Authority for carrying

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AIRPORTS AUTHORITY

out its functions under this Act, and such property shall
vest in the Authority by virtue of the order and without
further assurance.

(2) An order under subsection (1)-
(U) may contain such incidental, consequential or

supplemental provisions as the Minister thinks
necessary or expedient for the purposes of the
order;

(b) shall not include any rights or IiabiIities which are
necessary or expedient to secure the Minister’s
compliance with or efficient administration of the
Civil Aviation Act or which are specified in any
certificate issued by the Minister to the Authority
as being reserved to the Minister; and

(c) shall be subject to a w a t i v e resolution of the
House of Representatives.

5

S.-(l) It shall be the duty of the Authority- Functions of
thc

(a) to adminiiter, control and manage prescribed AU~~OI~N.
airports and any other property vested in it under
this Act;

(6) to provide and maintain such services and facilities
as are in its opinion necessary or desirable for the
efficient operation of prescribed airports or as the
Minister may require but, except with the consent
of the Minister, the Authority shall not provide
any navigation service;

( E ) provide rescue and fire fighting equipment and
services at prescribed airports.

(2) In the exercise of its functions the Authority
may-

(a) construct, alter and maintain buildings at pres-
cribed airports and elsewhere;

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6 AIRPORTS AUTHORITY

(b) purchase land or buildings;
(c) grant on such terms and conditions as the Authority

thinks fit, authority to carry on any trade or
business at prescribed airports;

(d) grant leases, sub-leases or other interests or con-
cessions in respect of land or building within a
prescribed airport on such terms and conditions
and subject to the payment of rent or other con-
sideration as the Authority may think fit;

(e) carry on such activities as appear to it advantage-
ous, necessary or desirable for or in connection
with the exercise and performance of its functions.

9. The Minister may, after consultation with the chair-
man, give to the Authority directions of a general character
as to the policy to be followed by the Authority in the
exercise and performance of its functions.

lO.--(lj It shall be the duty of the Authority so to
conduct the &airs of the Authority as to ensure that, so
far as practicable, the annual revenues of the Authority are,
taking one financial year with the other, sufficient to meet
all charges properly chargeable to revenue and the establish-
ment of reserves necessary for its operations.

(2) The Authority shall furnish the Minister with
such returns, statistics and other information with respect
to the property and other activities of the Authority as the
Minister may from time to time require, and shall aiTord to
him facilities for veriing such information in such manner
and at such times as he may reasonably require.

(3) A director who is directly or indirectly interested
in a contract made or proposed to be made by the

(a) shall disclose the nature of bis interest; and

~ i o i ~ ~ ~ r i a l
dhona.

General

Authority,
duties of

AUthOfity-

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AIRPORTS AVTHORlTY

r

7

(b) shall not take part in any deliberation or decision
of the Authority with respect to that contract. *

11.41) Except in so far as may be allowed by general Longrase
directions of the Minister, the Authority shall not proceed plam to
with the implementation of any long range plans for the zgs$by
development of any prescribed airport except in accordance
with the provision of a scheme made by the Authority and
submitted to the Minister and approved by him.

development

(2) For the purposes of this mtion-
“long range plans” means plans-

(U) which have been formulated on the basis of
statistics compiled in respect of movements
of traffic, cargo and passengers within the
prescribed airport; and

(b) which have been projected to meet estimated
requirements for development five yean or
more after the formulation of such plans.

(3) Nothing in subsection (1) shall be construed as
precluding the grant of any authority under paragraph (4
of subsection (2) of section 8 or of any lease, sub-lease or
other interest or concession under paragraph (e) of sub-
section (2) of section 8 for a period in excess of five years.

12.41) Subject to the provisions of subsection (2), the BOXOwiag
pwcm Authority may borrow sums required by it for meeting any

of its obligations or discharging any of its functions.

(2) The power of the Authority to borrow in excess
of such limits as the Minister responsible for finance may
from time to time fix, shall be exercisable only with the
approval of the Minister after consultation with the Minister
responsible for finance as to the amount, source of borrow-
ing and the terms on which the borrowing may be effected,

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8 AZRPORTS ACJTHORlTY

and an approval given in any respect for the purposes of
this subsection may be either general or limited to a par-
ticular borrowing or otherwise, and may be either
unconditional or subject to conditions.

,

A d v a n a 1 3 4 1 ) The Minister may from time to time make
guarankof advances to the Authority out of moneys provided by
borro\un~s Parliament for the purpose.

(2 ) With the approval of the House of Representa-
tives the Minister responsible for finance may guarantee, in
such manner and on such conditions as he thinks fit, the re-
payment of the principal and the payment of interest on any
authorized borrowings of the Authority made otherwise than
by way of advance under subsection (1).

(3) Where the Miniiter responsible for finance is
satisfied that there has been default in the repayment of any
principal moneys or the payment of interest guaranteed
under the provisions of this section he shall direct the repay-
ment or, as the case may be, the payment, out of the Con-
solidated Fund of the amount in respect of which there has
been such default and any such repayment or payment
shall be a charge on the Consolidated Fund.

and

~~~~~~t 14, The Authority shall make to the Accountant-
intmst of, and General, at such times and in such manner as the Minister
00, advan=% or other person designated by the Minister may direct, pay-
is~~updto ments of such amount as may be so directed in or towards

repayment of advances made to the Authority under sub-
section (1) of section 13 and of any sums issued in fulfilment
of any guarantee given under that section, and payments
of interest on any sum outstanding for the time being in
respect of such advances and of any sums so issued at such
rate as the Minister may direct, and difIerent rates of interest
may be directed as respects different advances or sums and
as respects interest for different periods.

and sums

meet

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AIRPORTS AUTHORlTY * 9
15. The Authority- Securities.

(a) may create and issue stock, including debentures
and bonds, for the purpose of exercising its
borrowing powers under section 12;

(b) shall establish a sinking fund for the redemption
of debentures so created;

(c) may postpone sinking fund contributions for such
period or periods of time and subject to such con-
ditions as may be approved by the Minister after
consultation with the Minister responsible for
finance.

1641) The Authority shall establish and maintain a ~ c r ~ ~ ~
reserve fund to meet contingencies and for such other PUT- fund.
poses as it may think fit.

(2) The management of the reserve fund, the sums
to be carried from time to time to the credit thereof, the
charges to be made against'it and any other application of
the moneys comprised therein shall be as the Authority may
determine.

17. All moneys of the Authority not immediately re- powerto
quired to be expended in the meeting of any obligations or
the performance of any functions of the Authority may be
invested in such securities or other investments as may be
approved generally or specifically by the Minister respon-
sible for finance and the Authority may, with the approval
of the said Minister, sell all or any of such securities or
other investments.

lS.-(l) The Authority shall keep proper accounts and Awuots
other-records in relation to its business and shall prepare
annually a statement of accounts in a form satisfactory to
the Minister being a form which conforms with established
accounting principles.

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10 Q AIRPORTS AUTHORITY

(2) The accounts and records shall be kept and the
annual statement prepared as far as possible in such a way
as to provide separate information as respects each of the
main functions or undertakings of the Authority and to
show the financial and operating results in respect of each
such function or undertaking.

(3) The accounts of the Authority shall be audited
by auditors appointed annually by the Authority with the
approval of the Minister.

(4) Within four months after the end of each
financial year or within such further time as may in special
circumstances be allowed by the Minister, the Authority
shall send the statement of its account referred to in sub-
section (1) to the Minister together with a copy of any report
made by the auditors on that statement or on the accounts
of the Authority.

(5 ) The Auditor-General shall be entitled on the
direction of the Minister, at all reasonable times to examine
the accounts and other records in relation to the business
of the Authority.

Annual
repori.

19-41) The Authority shall, not later than five months
after the end of each financial year or within such further
time as may in special circumstances be allowed by the
Minister, cause to be made and transmit to the Minister a
report dealing generally with the operations of the Authority
during the preceding financial year, and containing such
information reIating to the proceedings and policy of the
Authority as can be made public without detriment to the
interest of the Authority.

(2 ) The Minister shall cause a copy of the report
together with the annual statement of accounts and the
auditors’ report thereon and on the accounts to be laid on
the Table of the House of Representatives and the Senate.

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AIRPORTS AUTHORZTY 11

(3) Copies of the Authority’s report together with
the annual statement of amounts and the auditors’ report
on that statement and on the accounts of the Authority shall
be published in such manner as the Minister may direct and
shall be made available to the public by the Authority at
a reasonable price.

20.-(1) The Authority may appoint and employ at such General
remuneration and on such terms and conditions as it thinks socrew
fit a General Manager, a secretary and such other officers, %?*er
agents and servants as it thinks necessary for the proper
performance of its functions :

Manager.

Provided that-
(a) no salary exceeding eight thousand dollars per

annum shall be assigned to any post without the
prior approval of the Minister;

(b) no provision shall be made for the payment of
any pension, gratuity or other retiring benefit to
any employee of the Authority or the grant of
benefits to the dependents or the legal representa-
tives of such employee without the prior approval
of the Minister responsible for the public service. LN.

(2) The Governor-General may, subject to such con-
ditions as he may impose, approve of the appointment of
any public officer in the service of the Government to any
office with the Authority, and any public officer so appointed
shall, in relation to pension, gratuity or other allowance,
and in relation to other rights as a public officer, be treated
as continuing in the service of the Government.

tors, or to any of its employees or agents such of its func-
tions as it may determine.

(2) Every delegation under this section shall be re-
vocable by the Authority and no delegation shall prevent
the exercise by the Authority of any function delegated.

149~179

21.-(1) The Authority may delegate to any of its b Powerto
delcgatc.

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12 AIRPORTS AUTHORITY

Regulations. 2 2 4 1 ) Subject to section 3 of the Civil Aviation Act,
the Authority may, in respect of any prescribed airport,
with the approval of the Minister make regulations for regu-
lating the use and operation of the airport and the conduct
of all persons while within the airport, and, in particular,
such regulations may-

(a) provide for securing the safety of aircraft, vehicles
and persons using any such airport as aforesaid
and preventing danger to the public arising from
the use and operation of the airport;

(b) make provision for preventing or minimising ob-
struction within the airport;

(c) make provision for preserving order within the air-
port and preventing damage to property therein;

(d) regulate or restrict advertising within the airport;
(e) regulate, promote or restrict the movement of per-

sons into, in or out of the airport;
(f) prohibit or regulate, in relation to the whole or any

part of the airport-
(i) the presence of prsons or classes of persons;
(ii) the presence of animals or classes of animals;

(iii) the use of vehicles of any class or descrip-
tion; and

(iv) acts which might endanger any property or
person;

(g) regulate vehicular traffic anywhere within the air-
port, and in particular may impose speed limits
on vehicles therein;

(h) appoint and regulate the use, including charges to
be made for the use, of parking places for motor
vehicles in the airport;

(hh) make provision for the removal to such place as
the Authority may think fit of vehicles parked

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AIRPORTS AUTHORITY 13

in a place other than a place appointed for the
parking of such vehicle or vehicles which have
broken down or vehicles which have been left in
any place-

(i) in contravention of any provision made by
or pursuant to this Act, insofar as relates to
roadways in a prescribed airport, or in con-
travention of the Road Traffic Act; or

(ii) in such a p i t i o n or in such condition or
in such circumstances as to cause obstruc-
tion to other persons using the airport or
as to be likely to cause danger to such other
persons; or

(i) in such a position or in such condition or in
such oircumstances as to appear to have
been abandoned,

and for the safe custody of vehicles removed and
any goods which they contain at the time of such
removal and for the charges to be imposed for the
removal and safe custody of such vehicIes or

(i) prescribe and regulate the conditions for use of
the airport and its facilities including the charges
to be made for the use of the airport and for
services or facilities provided therein;

bl provide for the disposition of unclaimed property
in the custody of the Authority;

(k) provide for security arrangements.

goods,

(2) Every person contravening any regulations made
under this section shall be guilty of an offence and liable
on summary conviction before a Resident Magistrate to a
fine not exceeding fifty thousand dollars, or in default of :04!9g7
payment to imprisonment for a term not exceeding six
months.

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14 AIRPORTS AUTHORITY

(3) Regulations made under this section in relation
to the use of roadways in an airport shall take effect not-
withstanding that the roadways are subject to the Road
Traffic Act and regulations made thereunder.

(4) Subject to subsection (51, where by virtue of any
provision made by or pursuant to this Act or the Road
Traffic Act a vehicle has been, or could at any time be,
removed from a place in a prescribed airport, the Authority
may, if it appears to them that the vehicle had been aban-
doned, sell or otherwise dispose of it and its contents Cif any)
and-

(a) apply the proceeds of any such sale in or towards
satisfaction of any costs incurred by them in con-
nection wth the disposal thereof or any charge or
payment to which they are entitled as regards the
vehicle or contents under any provision made by
or pursuant to this section, so, however, that the
Authority, in its discretion, may waive, in whole
or in part, the amount of such costs, charge or
payment;

(b) recoup from the owner or person in charge of the
vehicle any costs mentioned in paragraph (U) in-
sofar as not satisfied by virtue of that paragraph;

(c) dispose of, in such manner as the Minister may by
order prescribe, any sum received by the Authority
on a sale of the vehicle, after deducting any sum
applied thereout by virtue of paragraph (a).

(5) A power of disposal conferred by subsection (4)
shall not be exercisable in the case of a vehicle unless there
have been taken by the Authority such steps (including
provision for publication) and there has elapsed such period
(not being less than six weeks) beginning with the taking of
the first of such steps as may be prescribed by the Minister
by order, being steps and a period whose respective taking

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311983
S. 2(b).

311983
S. 2 (b).

and lapse shall, in the opinion of the Minister, together
suf'fice for securing adequate opportunity for enabling the
vehicle to be claimed.

(6) Different provisions may be made under subsection
S. 2 (b)

(5) with respect to vehicles of different classes or descriptions or
with respect to vehicles of the same class or description in
different circumstances.

24.-(1) Notwithstanding any provision of this Act, the powerof
the Minister Minister may, after consultation with the Authority, by ,oreassign

order published in the (;aze/te authorize prescribed activities functionsof
relating to the administration, control and management of $p8$y.
prescribed airports to be carried out by such person or s . 2 .
persons (in this section refer~red to as a prescribed company)
in place of the Authority as the: Minister thinks fit.

(2) Any order made pursuant to subsection (1)
may-

(cr) modify the provisions of this Act so as to provide
for the imposition and collection of charges by a
prescribed company as respects its hnctions
pursuant to this Act; and

(b) contain provisions transferring from the Authority
to the prescribed company assets and liabilities on
such terms and for such period as may be specified
in the order; and

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AIRPORTS A UTHORITY

(c) make such other consequential, supplemental or
ancillary provisions as appear to the Minister to be
necessary or desirable.

(3) An order made under this section shall be sub-
ject to affirmative resolution.

(4) In this section "prescribed activities" means
activities authorized to be carried out by a prescribed
company pursuant to an order under this section.

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AIRPORTS AUTHORITY 17

FIRST SCHKDULK
List of prescribed airports

1. The Sangster International Airport as descrihed in the sangstsr
International Airport Order, 1959 published in the Jamaica Oazette
Supplement dated 3rd December, 1959.

2. The Norman Manley International Airport as described in tho
Norman Manlcy International Airport Order, 1960 published in the
Jamaica Gazette Supplement dated 2nd June, 1960.

(Sections 2 and 4)

3. The Tinson Pen Aerodrome. L.N.
79~11997.

4. The Ken Jmes Aerodrome. L.N.
79~11997.

5. The Negril Aerodrome. L.N.
5911 1991.

6. The Bosoobel Aemdrome. L.N.
79.41 1991.

I.-+) There shall bc a Board of Directors of the Authority which, Board of
subject to the provisions of this Act, shall be responsible for the policy Uircfrora.
and the Sneral administration of the affairs of the Authority.

(2) The Board shall consist 01 such number of directors, not bcing
less than five nor more than nine, as the Minister may appoint from
time to time from persons appearing to the Minister to have ability and
experience in matters relating to air transportation, finance. economics.
engineering. accountancy. law. industrial relations or commerce.

place of any director in the case of the absence or inability to act of zyk!t-
such director.

of the B&.
(2) The Minister shall appoint one of the directors to be the deputy

chairman of the Board.
(3) In the case of the abence or inability to act of thc chairman.

cbc deputy chainnan shall perform the functions OE the chairman.
(4) In the casc of the absence or inability to act at any meeting

of both the chairman and the deputy chairman the remaining directors
shall elect one of their number to act as chairman of that meeting.

oEce for thra ycars and shall be eligible for reappointment upon the orrice.
expiration of his pcriod of office.

his 05ce by mstmnent in writing addressed to the Minister and tram-
mittad through the chairman and from the date of receipt by the
Minister of such instnuncnt such &&or shall cease to bc a director.

(2) T h e chairman may at any time rcsign his office by instrument

SECOND SCHEDULE (Section 3(2) )

2. The Minister may appoint any person to act temporarily in thc Temporary

3 . 4 1 ) The Minister shall appoint one of the dinctors to be chairman Chairman.

4. Subject to the provisions of this Schedule. a dircctor shall hold Tcnurcof

5 . 4 1 ) Any director, othcr than the chairman, may at any time red@ Rcniwalion.

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18 AIRPORTS AUTHORITY

in writing addressed to the Minister and such resignation shall take
effect as from the date of the receipt by the Minister of the instwent.

Rcmaval U!
IImx'lor.

Publicalinn
of wm-
position of
Auihority.
Authentica-
tion of scal
and docu-
rncnls.

Procedure
and meet-
mgr.

Rcmunera-
tion of
directors.

6. The Minister may at any time revoke the appointment of any diref-

7. The names of all directors as first constituted and every change in

tor if he considers it expedient so to do.

the composition thereof shall be published in the Gazetfe.

8.-(I) The seal of the Authority shall be authenticated by the dpna-
tures of the chairman or one director authorized to act in that behal!
and the secretary.

(2 ) All documents, olher than those required by law to bt under
seal. made by, and all decisions of, the Board may be signified under
the hand of the chairman or any director authorized to act in tbat
hehalf or the secretary.

or
expedient for the transaction of business, and such meetings szbe
held at such places and times and on such days as the Board shall
determine.

(2) Minutes in proper form of each meeting of tbc Board shall be
kept.

(3) The chairman may at any time call a special mating of the
Board and shall call a special meeting to be. held Within m e n days of a
written request for that purpose addressed to him by any two dirc*ors.

9.+1) The Board shall meet at such times as may be llc~

(4) The decisions of the Board shall be by a majority vote.

(5) The chairman or. in the case of the absence or inability to act
of the chairman, the deputy chairman or the person elected to act as
chairman in accordance with the provisions of sub-paragraph (4) of
paragraph 3 shall preside at the meetings of the Board, and when
so presidmg the chairman, deputy chairman or the person elected as
aforesaid to act as chairman, as the case may he. shall in addition
to an orighal vote have a casting vote in any case in which the voting
is equal.

(6) The quorum of the Board shall be three.
(7) Subject to the provisions of this Schedule the Board may

regulate its own proceedings.
(8) The validity of any proceedings of the Board shall not be

affected by any vacancy amongst the directors or by any defect in thc
appointment of a director.

10. There shall be paid to the chairman and other directors such
remuneration, if any (whether by way of salaries. or traveUig or other
allowances) as the Minister may determine.

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AIRPORTS AUTHORlTY 19

11. Notwithstanding anything to the contrary no act done or proceed- Protection
ing taken under this Act by the Authority shall be questioned on the of Aulhor-
ground of any omission, defext or irregularity not affecting the merits of Ify.
the case.

1 2 4 1 ) No director shall be personally liable for any act or default protection
Of the Authority done or omitted to be done in good faitb in the ofdireclon.
course of the operation of the Authority.

(2 ) Where. any director is exempt from liability by reason only of
the provisions of this paragraph tbe Authority shall be liable to the
extent that it would be if the said director were a servant or agent of the
Authority.

public office for the purposes of Chapter V of the Constitution of nolpubllc
13. The office of chairman, deputy chairman or director shall not bc a Directotrhip

Jamaica. a m .

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