Banana Board Act

Link to law: http://www.moj.gov.jm/laws/banana-board-act
Published: 1953-10-01

BANANA BOARD I

THE BANANA BOARD ACT

ARRANaEMENT OF SECTIONS

Preliminary
1. Short title.
2. Interpretation.

Establishment and Constitution of Board
3. Establishment and composition of Board.
4. Temporary members.
5. Tenure of office of member.
6. Resignation.
7. Removal of members; temporary chairman.
8. Publication of membership of Board.
9. Incorporation.

10. Procedure and meetings

Functionr. Duties and Powers of Board

11. Functions of Board.

13. Borrowing powers.
14. Power of Minister responsible for finance to guarantee borrowings

15. Repayment of sums issued to meet guarantees. and of advances.
16. Remuneration of members.
17. Appointment of officers, agents and servants.
18. Delegation of power.
19. Access to information from Commissioner of Customs and

Excise and Inspector of Agricultural Produce.
20. Regulations.
21. Liability of members of Board.
22. Powers of Minister.

12. aeneral powers of Board.

by the Board.

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2 BANANA BOARD

Financiai fiovisiom
23. Special provisions relating to funds of Board.
24. Reserve fund.
25. Investments.
26. Accounts and audit.
27. Annual report and estimates.

Conirol of Purchose, Sale and Exportation of Bananas
28. Penalties.
29. Rules.

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BANANA BOARD 3

LpWl
24 of 1953,
16 of 1955,
41 of 1958,
17 of 1%0. [ I s October, 1953.1 lbof19dS, Acts
24 01 1969
b d Sch.
23 d WO,

%b.

THE BANANA BOARD ACT

12 or i m Preliminary

1. This Act may be cited as the Banana Board Act.

2. In this Act, unlws the context otherwise requires-

Short title

tion Interpreta-

“agent” means an agent of the Board and includes any
Government department acting for and on behalf of
the Board;

“approved association” means an association of persons
engaged in the banana industry approved by the
Board for the purposes of this Act;

“bananas” includes processed bananas;
“the Board” means the Banana Eoard established in

“chairman” means chairman of the Board, and includes g3Y.970

“export” means to take or cause to be taken out of this

“limited purchasing order” means an order in writing 1611965

accordance with this Act;

the acting chairman;

Island or the territorial waters thereof;

relating to the quantity of bananas which the Board
will purchase from the person to whom such order
is addressed in respect of a particular banana cultiva-
tion, during any period specified in the order;

chairman;

ture.

*’

“member” means member of the Board and includes 1711960 s. 1 (1).

“the Minister” means the Minister responsible for agricul-

k h c mclueion of this page h authonzed by L N 81/19861

4 BANANA BOARD

Establishment and Constirurion of Board
3 . 4 1 ) There shall be established for the purposes of

this Act a body to be called the Banana Board.
(2) The Board shall be appointed by the Minister

and shall consist of not less than five nor more than eight
members of whom one shall be a person selected from a
panel of three persons nominated by the body which the
Minister recognizes as being representative of banana
growers in the Island.

(3) The Minister may appoint a person to fill a
vacancy among the members, and a member so appointed
shall hold office for the residue of the term of the member
whom he has succeeded.

(4) The Minister shall appoint a chairman and a
vice-chairman of the Board from amongst the members
thereof.

4. In the case of the absence or inability to act of any
member (in this section referred to as the permanent
member), the Minister may appoint any person (in this
section referred to as the temporary member) to act
temporarily in the place of the permanent member, so,
however, that such appointment shall be made in the same
manner and from the same category of persons, if any,
as the appointment of the permanent member.

5.41) The appointment of every member of the Board
shall be evidenced by an instrument in writing, and such
instrument shall state the period of office of the member
which shall not exceed three years.

(2) Every member shall be eligible for reappoint-
ment.

6.-(1) Any member of the Board, other than the
chairman, may at any time resign his office by instrument

~~I_- _ .
~

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Establish-
ment and
composition
of Board.
1611463
s. 2.
23/1970
S. 3 (a)

1711960
s. 2 (I),

1611965 s. 2.
231 1970
S. 3 (b).

Temporary
appoint-
ments.

2311970
s. 4.

Tenure of

member.
41 / 1958 s 3.

of

Resigna-
tion.

BANANA BOARD

in writing addressed to the Minister and transmitted
through the chairman, and from the date of the receipt
by the Minister of such instrument, such member shall
cease to be a member of the Board.

(2) 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.

5

7.-(1) The Minister if he thinks it expedient so to do Removalof membm:
tanporary
chaimsn.

(2) In the event of the absence or inability to act i7/1960 s. 2 (1).

may at any time remove any member from office.

of the chairman the Minister may appoint any person to
act temporarily as chairman; and subject to the conditions
(if any) of his appointment a person so appointed shall
while so acting have all the powers and be liable to perform
all the duties of the chairman; but where an appointment
under this subsection is made by reason of the absence
from Jamaica of the chairman in the course of the per-
formance of the functions of his office as such, this
subsection shall not operate to invalidate anything done
by him in the course of such performance during such
absence.

8. The names of all members of the Board and every PubIia-
change in the membership thereof shall be published in
the Guzetfe.

perpetual succession and a common seal with power to tion.
purchase, lease or otherwise acquire and hold and dispose
of land and other property of whatever kind.

(2) The seal of the Board shall be authenticated by
the signatures of the chairman or one member of the Board
authorized to act in that behalf and the secretary of the

sblp of
Board.

9.-(1) The Board shall be a body corporate having xncorPora-

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6 BANANA BOARD

Board and such seal shall be officially and judicially
noticed.

(3) 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 chairman,
any member authorized to act in that behalf, the secretary
or such other officer as may be authorized by the Board.

(4) The Board may sue or be sued in their corporate
name and may for all purposes be described by such name.

1711960
" ' ( I ) '

Procedure

mcstings.

10.41) The Board shall meet at such times as may be
necessary or expedient for the transaction of business, and
such meetings shall be held at such places and timw and on
such days as the Board may determine.

(2) The chairman may at any time caI1 a special
meeting of the Board and shall call a special meeting to
be held within seven days of a written requisition for that
purpose addressed to him by any two members of the
Board.

and

2311970
S. 5 (d.

(3) The chairman, or in his absence, the vice-
chairman, shall preside at meetings of the Board; in the
case of the absence of both the chairman and the vice-
chairman from any meeting the Minister may appoint some
other member to preside at the meeting, and if no member
is so appointed or although appointed is absent, the
members present shall elect one of their number to preside
at the meeting; the chairman or other person presiding at
a meeting shall have an original vote and, in any case in
which the voting is equal, a casting vote.

1711960
s. 2 (I).

S. 5 (b). meeting.

(4) The quorum of the Board shall be three includ-
ing the chairman or any other member presiding at the 231 1970

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BANANA BOARD 7

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

(6) The validity of any proceeding of the Board
shall not be affected by any vacancy amongst the members
thereof or by any defect in the appointment of a member
thereof.

Functions, Duties and Powers of Board
11. Apart from any functions of the Board under the Functions

(U) to promote the interests and efficiency of the S. '.
banana industry of this Island and to assist in
the development of that industry;

(b) to secure the most favourable arrangements for
the purchase, handling, transportation, exprta-
tion, shipping, marketing and sale of bananas,
to purchase bananas and to sell and export the
S a m e ;

(c) to institute, conduct, finance, assist, and super-
intend research activities, experiments and opera-
tions-

(i) for improvement in the methods of planting
and cultivation of bananas;

(U) for the control and elimination of any
disease affecting bananas; and

(iii) for the development of bananas wholly or
partially immune to disease.

of Board.
16/1965 Banana Insurance Act, it shall be their duty-

1241) Subject to the provisions of this Act, the ~ ~ ~ r r a l
Board shall have power, for the purpose of the discharge g T 2 : O f
of their duty under section 11-

(a) to carry on all activities the carrying on whereof
appears to them to be requisite, advantageous or

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8 BANANA BOARD

16/1%5
s. 2.

convenient for or in connection with the discharge
of their said duty;

(b) to do anything and to enter into any transaction
(whether or not involving expenditure, borrowing,
granting of loans or investment of money, the
acquisition of any property or rights or the
disposal of any property or rights) which in their
opinion is calculated to facilitate the proper
discharge of their functions under this Act or is
incidental or conducive thereto.

(2 ) In particular, and without prejudice to the
generality of the foregoing, the Board shall have power-

(a) to control and fix the prices to be paid from time
to time to growers, producers or agents for
bananas and to arrange for these prices to be
notified in such manner as the Board shall think
fir

(b) subject to the provisions of the Agricultural
Produce Act, to regulate from time to time the
grading for sale in the Island for export, of
bananas grown or produced in the Island and to
'arrange for any such grading to be notified in
such manner as the Board shall think fit.

~ ~ ~ ~ ~ w i ~ ~

s. 2 (1).
s. 161196* 2.

s. 2.

13.41) Subject to the provisions of subsection (2) the
Board may borrow sums required by them for meeting
any of their obligations or discharging any of their func-
tions under this Act.

(2) The Board shall not borrow any sums whereby
the aggregate amount outstanding on loan to the Board
under this Act at any one time exceeds two hundred
thousand dollars without the approval of the Minister, as
to the amount, as to the sources of the borrowing and as
to the terms on which the borrowing may be effected and

powers.
171 I960

1611965

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BANANA BOARD 9

an approval given in any respect for the purposes of this
subsection may be either unconditional or subject to con-
ditions.

14.41) With the approval of the House of Represent- p . - o f
lnlstcr

ib le for
atives the Minister responsible for finance may guarantee, mpoe
in such manner and on such conditions as he may think
fit, the payment of the principal and of interest on any
authorized borrowings of the Board under this Act.

(2) Where the Minister responsible for finance is
satisfied that there has been default in the repayment of :6/;,965
any principal moneys or interest guaranteed under the
provisions of this section, he shall direct repayment out
of the Consolidated Fund and assets of this Island of the
amount in respect of which there has been such default.

by the
Board.

1541) The Board shall make to the Accountant- Repay-
ment of General, at such times and in such manner as the Minister sums

may direct, payments of such amounts as may be so
directed in or towards repayment of any sums issued w;tm
in fulfilment of any guarantee given under section 14, and dv-.
payments of interest on what is outstanding for the time
being in respect of any sums so issued, at such rate as
the Minister may direct, and different rates of interest may ,,/,4MI
be directed as respects different sums and as respects S. z (I).
interest for different periods.

(2 ) Any sum advanced (whether before or after the
commencement of this Act) by the Government of this
Island or of the United Kingdom for the benefit of the
banana industry of this Island shall, for the purposes of S. 2.
this Act and for all other purposes, be deemed to be
borrowed by the Board under this Act and the amount
outstanding on such sum and the interest thereon shall
be repayable by the Board as if it were a sum issued in
fulfilment of a guarantee given under section 14.

1-5/1965

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ss

10

Remunera-
tion of
members.
171 1960
s. 2 [ I ) .

Appoint-
ment of
oEcers,
agents and
senants.
1611965
s. 2.

1611965 s. 2.

Delegation
of power.
1711960
s. 2 (1).

1611965 s. 2.

BANANA BOARD

16. The Board shall pay to each member of the Board, in
respect of his office as such, such, if any, remuneration and
allowances as the Minister may determine and to the
chairman, in respect of his office as such, such, if any,
remuneration and allowances (in addition to any remunera-
tion or allowances to which he may be entitled in respect
of his office as a member) as may be so determined.

17.-(1) The Board may appoint and employ at such
remuneration and on such terms and conditions as they
think fit a secretary and such officers, agents and servants
as they deem necessary for the proper carrying out of their
various functions.

(2) Where a person is employed under this section
partly for the purposes of this Act and partly for the
purposes of the Banana Insurance Act, he may be
remunerated with money forming part of the funds of the
Board under this Act and such proportion of his remunera-
tion as the Board thinks proper may be recouped from
the funds of the Board under the Banana Insurance Act
in respect of services rendered by him in pursuance of
that Act.

lS.-(l) The Board may delegate to the chairman such
of their functions under this Act subject to such conditions
(if any) as they think proper.

(2 ) The Board for the purpose of the performance
of any of their functions under this Act may appoint com-
mittees each consisting of a member or members of the
Board and such other persons as appear to the Board to
be appropriate, and may delegate to any such committee
such functions subject to such conditions and restrictions
as may be specified in the resolution of appointment; and
in reIation to such other persons section 16 shall have the
like effect as it has in relation to members.

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BANANA BOARD 11

(3) Nothing in this section shall be deemed to
authorize the Board to delegate to the chairman or any i 7 ; i s o

s. 2 ( I ) . committee the power to make regulations or to do any
act involving extraordinary expenditure or to control or fix
the price of bananas.

19. It shall be lawful for the Board to demand from the ACCESS~O
Commissioner of Customs and Excise or any officer of his tionfrom
department or from any Inspector of Agricultural Produce 5,Lmcr . Of
such informalion cither written or oral as may from time 2;;yC;*
to time be necessary to enable them to exercise or perform and
their functions or duties under this Act and it shall be the Agricul.
duty of the Commissioner of Customs and Excise or any E&e,
such officer or Inspector of Agricultural Produce to supply 12/1985
any such information to the best of his ability.

make regulations generally for the better carrying out of
the purposes of this Act and in particular but without
prejudice to the generality of the foregoing may make
regulations providing for-

(a) the registration of persons growing or producing
bananas in this Island and for the manner in
which records of thp quantities of bananas grown
or produced by such persons shall be kept;

(b) the registration of persons processing bananas in
this Island for export and for the manner in
which records of the quantities of bananas
processed by such persons shall be kept;

(c) the measures and methods to be adopted for the
effective control and elimination of leaf spot and
any other disease affecting bananas; and

(4 the effective control of the delivery of bananas to
the Board and for the conditions to be observed
with respect to the sale or delivery of bananas to
the Board.

informa-

Commis-

Inspector of

sch.

20. The Board may, with the approval of the Minister, Regula-
tions.

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12

Liability of
members
of Board.
lh/ 1965
s. 2.

Powers of
hlinirter.
1711960
s. 2 (1).
16/1965 s. 2.

Spe&.+
proveions
relating to
funds of
Board.
1611965
s. 2.

Reserve
fund.

1611965 s. 2.

BANANA BOARD

21. No member of the Board shall be personally liable
for any act or default of the Board done or omitted to be
done in good faith in the course of any of the various
operations of the Board.

22. The Minister may, after consultation with the chair-
man, give to the Board directions of a general character
as to the policy to be followed in the exercise and
performance of their functions under this Act in relation
to matters appearing to him to concern the public interest
and the Board shall give effect to any such directions.

Financial Provisions
2 3 4 1 ) The proceeds of the sale of bananas by the

Board shall accrue to and form part of the funds of the
Board.

(2) The funds of the Board under this Act shall be
applied towards the carrying out of their functions or duties
under this Act, including the provision of moneys for-

(U) the payment of any cess on bananas imposed
under section 21 of the Banana Insurance Act,

(b) financing the operations of any approved associa-
tion;

(c) the payment of interest upon any moneys borrowed
or deemed to be borrowed by the Board under
this Act and the repayment of such moneys.

24.41) The Board shall establish a reserve fund.
(2) The management of the said fund, the sums to

be carried from time to time to the credit thereof, and the
application thereof, shall be as the Board may determine,
so, however, that no part of the said funds shall be applied
otherwise than for carrying out the purposes of the Board
under this Act.

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BANANA BOAD 13

25. Moneys standing to the credit of the Board under Invest-
this Act may from time to time be invested in any securities 16,1965
in which trustees are by statute authorized to invest in this s. 2.
Island or elsewhere.

ments.

26. The Board shall keep proper accounts in a form Awounta
and audit. which shall conform with the best commercial standards

of their receipts, payments, credits and liabilities and
shall submit the same from time to time with vouchers
to a duly qualified auditor to be audited.

27.-(1) The Board shall in each year prepare and Annual
present on or before the 1st day of July to the Minister eshlmatss.
a report of their proceedings during the twelve months it:;:; (b),
ending on the 31st day of December in the preceding year,
including a complete report of their financial position in
such form as to secure the provision of separate informa-
tion in respect of each of the main activities of the Board.

(2) A copy of such report shall be laid on the Table
of the House of Representatives and of the Senate and shall
be published in the Gazette and in a daily newspaper
circulating in the Island :

subsection (1) as relates to the activities of the Board under
the Banana Insurance Act shall be excluded from such
publication.

after the 1st day of October in each year, publish in a
daily newspaper circulating in the Island, their estimates
of revenue and expenditure under this Act in respect of ,6 / ,965
the period commencing on the 1st day of January in the s. 2.
following year and ending on the 31st day of December of
the same year.

repurl and

Rovided that such separate information referred to in 1611965 s. 2.

(3) The Board shall, as soon as may be practicable it:,; (d),

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14 BANANA BOARD

Control of Purchase, Sale and Exportation of Bananas

Penalties. 28.41) From and after the commencement of this

(a) no person shall, without the written permission
of the Board, purchase from or sell to any person
other than the Board any bananas;

(6) the Board shall, upon being required so to do by
the owner of any bananas suitable, in the opinion
of an Inspector of Agricultural Produce, for
export, purchase such bananas at the then current
prices fixed by the Board in accordance with this
Act:

Act-

1611965
s. 2.

Provided that the Board shall not be bound to
purchase bananas from any person who contravenes
any regulations for the time being in force relating
to the registration of banana growers;

(c) no person other than the Board shall export or
attempt to export any bananas :

Provided, however, that the Board may grant
permission in writing to any person to export
specified quantities of bananas.

(2) In this section “Inspector of Agricultural
Produce” means an Inspector of Agricultural Produce
appointed under the Agricultural Produce Act.

s. 16/1%5 2. (3) Notwithstanding the provisions of paragraph
(b) of subsection (11, it shall be lawful for the Board from
time to time, to issue limited purchasing orders to any
person who cultivates fifteen acres or more of bananas, and
the Board may refuse to purchase from that person any
bananas in excess of the quantity specified in such limited
purchasing orders during the relevant period.

(4) The Minister may from time to time by order
published in the Gazette vary the acreage of banana
cultivations specified in subsection (3).

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BANANA BOARD

(5) Any person who is aggrieved by the issue of a
limited purchasing order, may appeal to the Minister in
the prescribed manner and the decision of the Minister
upon any appeal shall be final.

(6) Upon the hearing of an appeal-
(U) the Minister may, subject to any rules made under

section 29, award the appellant such compensa-
tion as he thinks fair and just, and may either
in lieu thereof or in addition thereto direct the
Board to alter or modify any limited purchasing
order issued by them; and

(b) the Board shall give effect to the award made and
the directions issued by the Minister.

(7) Any person contravening the provisions of
paragraph (a) or (c) of subsection (1) shall be guilty of an
offence against this Act and shall be liable on summary
conviction before a Resident Magistrate to a fine not
exceeding two thousand dollars and in default of payment
thereof to imprisonment with or without hard labour for
a term not exceeding twelve months and upon each sub-
sequent conviction shall be liable, in addition to any fine
which may be imposed by the court, to imprisonment with
or without hard labour for a term not exceeding twelve
months.

(8) Where a company is guilty of an offence under
this section every director, manager, agent and officer of
the company in this Island who is knowingly a party to
the contravention shall be guilty of a like offence and liable
to a like penalty.

(9) Any bananas dealt with contrary to the pro-
visions of paragraph (U) or (c) of subsection (1) may be
seized by the Board and shall be forfeited to the Board
and disposed of in such manner as the Board may direct.

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15

16 BANANA BOARD

(10) This section shall not apply to the purchase or
sale of bananas for consumption in this Island.

Rules.

16/1965

29. The Minister may make rules prescribing the pro-
cedure to be followed on appeal by persons aggrieved by
the issue of limited purchasing orders and the compensa-
tion payable to any such person pursuant to the hearing
of an appeal.

s. 3.

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