Jamaica Agricultural Society Incorporation Act

Link to law: http://www.moj.gov.jm/laws/jamaica-agricultural-society-incorporation-act
Published: 1941-06-19

JAMAICA AGRICULTURAL SOCIETY
INCORPORATION

THE JAMAICA AGRICULTURAL SOCIETY
INCORPORATION ACT

ARRANGEMENT OF SECTIONS

1. Short title.

3. Society to be a Corporation.
4. Powers.

6. Objects of the Society.
7. patron, President and Vice-Presidents of Society.
8. Estimates to be submitted.
9. Board of Management.

10. Exscution of documents.
11. provisions relating to the Board.
12. Annual Report of Society.
13. Rules.
14. Society to make certain by-laws.

2. Interpretation.

5. vesting of property.

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JAMAICA AGRICULTURAL SOCIETY
INCORPORA TlON

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Cmp. 169.
Acts INCORPORATION ACT 6 of 1%6.

6 ol1!378,
14 of f996.

THE JAMAICA AGRICULTURAL SOCIETY

[19th June, 1941.1

1. This Act may be cited as the Jamaica Agricultural shorttitle.
Society Incorporation Act.

2. In this Act- InterprelL-
“agricultural commodity organization” means any 611978

organization of farmers established or maintained
primarily to further the interests of its members
with regard to a particular agricultural commodity;

“annual general meeting” or ”general meeting” means
the annual general meeting or general meeting, as
the case may be, o l delcgates of Branch Societies,
Associations of Branch Societies and Approved
Member Organizations held in accordance with
by-laws made under section 14;

“Approved Member Organization” means any agricul-
tural commodity organization which is recognized
as an Approved Member Organization in accord-
ance with rules made under section 13;

“Branch Society”, “Association of Branch Societies”
and “Affiliated Society” mean, respectively, a
Branch Society, ;m Association of Branch Societies
and an Affiliated Society established in accordance
with rules made under section 13.

tiao.

2.

3.-(1) As from the date of the coming into operation of * C t y t o b
this Act, the existing organization known as the Jamaica ~ ~ v o r a ~
Agricultural Society shall be a body corporate under the

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Powers.

Vcsting of
property.

JAMAICA AGRICULTURAL SOCIETY
INCORPORA TlON

name of the Jamaica Agricultural Society (hereinafter
referred to as “the Society”).

(2) The Society may sue and be sued in such name,
and shall have perpetual succession and a common seal, and
may from time to time make, change, alter and renew the
said seal as to the Society may seem fit.

4. The Society may acquire, purchase, lease, take, hold
and enjoy, either absolutely or subject to any trusts, mov-
able and immovable property of every description, and,
subject as hereinafter provided, may sell, convey, assign,
sumender and yield up, mortgage, demise, =-assign,
transfer or otherwise dispose of any movable or immovable
property vested in it upon such terms as to the Society may
seem fit.

5. All real and personal property which, on the date of
the coming into operation of this Act is vested in (or pur-
ports to be vested in), the unincorporated organization
known as the Jamaica Agricultural Society, shall, as from
such date, be vested in the Society for the like estate and
interest and to the like extent as such property was held by
or vested in (or purported to be vested in) such unincor-
porated organization, and subject to all trusts, mortgages,
charges or encumbrances affecting such property, or any
part thereof.

Object8 of
the Society. are-

6. It is hereby declared that the objects of the Society

(i) to promote and encourage agriculture, horticul-
ture, arboriculture, apiculture and stock-raising
in all their branches;

(ii) to establish and maintain an office of the Society
in Kingston and, if necessary, sub-offices in
various parts of Jamaica, for the dissemination

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JAMAlCA AGRICULTURAL SOCIETY
INCORPORA TiON

of information upon the matters specified in
paragraph (i) to the members of the Society;

(iii) to provide for the reading of papers and the
delivery of lectures, and for courses of instruc-
tion and the holding of examinations in subjects
connected with the matters specified in para-
graph ti);

(iv) to provide and award premiums for the
encouragement of agriculture, horticulture,
arboriculture, apiculture and stock-raising;

(v) to provide for the holding, from time to time, of
agricultural and live stock exhibitions;

(vi) to promote, acquire an interest in, or finance any
company or organization, or to carry on any
trade, business, scbool, college, administration
centre, exhibition, model farm or pen, experi-
mental work or scientific research, calculated to
promote directly or indirectly, or to contribute
to, the agricultural or economic welfare of
JU!laica;

(vii) to apply the funds placed at the disposal of the
society for the purposes of the Society.

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7.-(1) The Governor-General shall be Patron of the pz&
and V i c e
Prcsidenta
of Society.

Society.

(2) At an annual general meeting the delegates in 6/1978
attendance at such meeting shall elect one of the members sd,:gq6
of the Board of Management referred to in section 9 to S. 2 (a).
be the President, and two of such members to be Vice-
Presidents, of the Society.

(3) Subject to subsection (4), the persons elected under 14/1906
subseation (2) as President and Vice-President, respectively, s. 2 @I

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6 JAMAICA AGRICULTURAL SOCIETY
INCORPORATION

shall serve in that capacity for a period of three years and
shall be eligible for re-election.

14; I996
S. * (4) Where, before the expiration of two years from the date of election under subsection (2). the President or a

Vice-President fails, without reasonahle cause, to attend at
least four consecutive meetings of the Eoard of Manage-
ment, his tenure of ofice as President or Vice-President,
as the case may be, may be terminated in accordance with
suibsections (51, (6)- (7J, (8), (9). (10) and (11).

14/1996 s. 2 rt.). (5 ) A resolution for the termination of the tenure of
office of the President or a Vice-President, as the case may
be, may be presented at the second annual general meeting
next after the annual general nitxting at which he was
elected and shall have effect if it is supported by the votes
of not less than two-thirds cif the delegates in attendance
at that second annual general meeting.

1411Y96 (6) A resolution under subsection ( 5 ) shall state the S. 2 (b).
reason for the resolution as specified in subsection (4).

14!1996
S. * ')' (7) Where the delegates intend to present a resolution referred to in subsection (3, notice of the resolution shall-

(a) tx signed by two delegates;
(b) be lodged in the office of the Society at least

thirty-five days before the second annual general
meeting; and

(c) state the reason for the intention to move the
resolution as specified in subsection (4).

14119%
s. 2 07). (8) At least twenty-one days before the second annual

general meeting, the Board of Management shaill cause to
be served on the President or Vice-President concerned--

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JAMAICA AGRICULTURAL SOCIETY
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(a) a oopy of the notice referred to in subsection (7);
and

(b) a statement advising him of the right of reply
conferred by subsection (10).

14ll9'rh (9) Evidence in support of the reason specified in
subsection (4) may be adduced from the records of the
Society and the Board of Management shall cause a cop):
of such evidence to be served on the President or Vice-
President to whom it relates at least fourteen days before
the second annual general meeting.

ca)

(10) The President or Vice-President, as the case may 14/19%
S. 2 (b). be, may, upon receipt of the notice referred to in subsection

U), reply in writing to the matters stated therein and a
copy of such reply shall be given to each delegate before
a vote is taken a't the second annual general meeting

(11) Where a resolution is presented in accordance 1411996
S 2 (b). with subsection (5 ) for the termination of the tenure of

office of-
( U ) the President. the chairman of the meeting shall

be elected by a majority of votes of the delegates
in attendance at that meeting; or

(b ) a Vice-President, the chaimnan of that meeting
shall be the President and if the President is aibsent
from the meeting, the chairman of the meeting
shall be eleoted in accordance with paragraph fn)

6.01

8.41) The Board of Management referred to in section
9 shall, on or before the 15th day of January in each year, Ekitfcd.
prepare and submit to the Minister true Estimates of the

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6.02 JAMAICA AGRICULTURAL SOCIETY
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income receivable and expenditure to be incurred during
the financial year commencing on the 1st day of April then

(2) The Board shall submit its Estimates in the form
required by the Minister, who may approve or amend such
Estimates.

(3) All new appointments, and any proposed varia-
tion in the emoluments of an existing appointment, shall
receive the approval of the Miniiter before being included
in the Estimates :

Provided that nothing in this subsection shall apply to
any appointment, the total annual emoluments of which are
Iess than seven hundred dollars, if such emoluments are
paid from any source other than moneys granted to the
Society by Government.

(4) All new or special expenditure shall receive the
approval of the Minister before being included in the
Estimates.

(5) Save with the approval of the Minister, no fur-
ther sum shall he expended during any financial year other
than is provided in the Estimates relating to such financial
year.

9. The affairs of the Society shall, subject to the provi-
sions of this Act, he managed by a Board of Management
(hereinafter referred to as “the Board’), which, subject
always to such provisions, shall control the income, capital
funds and property of the Society and govern, direct and
decide all matters connected with the appointment of the
officers and servants of the Society and with the administra-
tion of the affairs, and the accomplishment of the objects
and general purposes, of the Society, and the Board shall
have and may exercise all the powers conferred on the
Society by this Act.

following.

Board of

rnent.
Manage-

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10. All deeds, documents or other instruments requiring Execution of
documents. the seal of the Society shall be sealed with the common seal

of the Society in the presence of two members of the Board
who shall sign every such deed, document or other instru-
ment to which the common seal is affixed, and such signing
shall be sufficient evidence that the said seal was duly and
properly affixed, and that the same is the lawful seal of the
Society.

11.-(1) The Board shall consist of the undermentioned Provisions
persons- Ihe Board. relating 10

611968

Sch.
(a) an officer of the Ministry of Agriculture nominated S. 3(2)&

in that behalf by the Minister;
(b) three members of the House of Representatives

nominated by the said House;
(c) one member of the Senate nominated by the

Minister;
(d) such persons as are elected by the Associations of

Branch Societies, one being elected by each such
Association:

(e) three persons elected by the delegates of the
Associations of Branch Societies from a panel sub-
mitted by members of the Society other than
Branch Societies, Associations of Branch Societies
and Affiliated Sacieties;

(f) such persons as are nominated by the Apprcved 6/1978 s. 4(a). Member Organizations, not more than one person
being nominated by each such Organization.

(2) Subject to the provisions of subsections (4), (5)

(U) every person nominated under paragraph (b) of
subsection (1) shall hold office for the life of the
House of Representatives by which he was nomi-
nated;

and (6)-

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JAMAICA AGRICULTURAL SOCIETY
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(b) every person nominated under paragraph (c) of
subsection (1) shall hold of6ce for the life of the
Senate existing at the time of his nomination;

(c) every elected member shall hold office until he
retires in accordance with the provisions of sub-
section (3);

(d) every person nominated to the Board under para-
graph Cf) of subsection (1) shall hold office for a
period of three years beginning from the date upon
which such nomination is approved by the Board
and such persons shall be eligible for renomination.

(3) (a) There shall retire from the Board on election

(9 next after the first election day, five elected
members; and

(ii) next but one after the first election day, five
elected members; and

(iiii next but two after the first election day, six
elected members,

and so thereafter in each succeeding triennial period.
(b) Elected members shall retire in the order of

their seniority, the member who has served longest since he
was last elected to the Board retiring first, and as between
members of the same seniority the order of retirement shall
be determined by lot.

(c) A member retiring under paragraph (a) shall
be eligible for re-election.

(4) Any nominated or elected member who fails to
attend meetings of the Board for a period of six months
without having obtained leave of absence from the Board
shall be deemed to have vacated his office.

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JAMAICA AGRICULTURAL SOCIETY
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(5) Any nominated or elected member who ceases to
be eligible for nomination or election in the capacity in
which he is serving on the Board, shall thereupon vacate
his office.

(6) Any nominated or elected member may, by writ-
ing under his hand addressed to the President, resign his
0ffim.

(7) Where any nominated or elected member dies,
or vacates his office in accordance with the provisions of
subsection (41, (5) or (61, the body by which he was nomi-
nated or elected shall nominate or elect, as the case may be,
another person to fill the ensuing vacancy on the Board
until such time as the member by whose death or vacation
of office the vacancy was occasioned would, but for such
death or vacation of office, have ceased to hold office in
accordance with the provisions of subsection (2).

18) The rights, powers and duties of the Board and
of the members thereof shall not be affected by any vacancy
in the membership of the Board, nor by the fact that it is
afterwards discovered that there was some defect in the
appointment, nomination or election, or in the qualifica-
tions, of a person purporting to be a member of the Board.

“election day” means the day on which the annual general

“elected member” means any member of the Board elected

“nominated member” means any member of the Board

(9) For the purposes of this section-

meeting is held;

under paragraph (d) or (e) of subsection (1);

nominated under paragraph (b), (c) or ( f ) of subsec- (1/1978
s 4 w tion (I) .

12.41) The Board shall annually prepare and present ~~~~d
to the annual general meeting, a report of its proceedings, society. Report of
together with a complete statement of its financial position

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10 JAMAICA AGRiCULTURAL SOCIETY
INCORPORATION

and its accounts, audited and certified by an auditor
approved by the Minister.

(2) The Board shall forward certified copies of such
report, statement and accounts to the Minister, who shall
cause such certified copies to be laid before the House of
Representatives.

Rlllm. 13.-(1) The Board shall on or before the thirtieth day
of June, one thousand nine hundred and forty-seven, make
by-laws regulating-

(i) the number of delegates from each Association of
Branch Societies who may attend the general
meetings of the delegates of the Associations of
Branch Societies;

(ii) the conduct of such meetings,
and such by-laws, until revoked or amended, shall be
deemed to be by-laws made by the delegates of the Associa-
tions of Branch Societies in accordance with the provisions
of section 14. .

(2) The Board may from time to time make rules
for the following purposes-

(a) the regulation of its proceedings, the calling of
meetings, the quorum necessary for the transaction
of business, the voting of the members of the
Board, the appointment of a Chairman, and the
procedure for the transaction of business;

(6) the appointment of executive committees and sub-
committees, and the delegation to such committees
and sub-committees, of the powers and duties of
the Board;

(c) the appointment of officers, and the allocation of
the duties of officers;

(d) the keeping and presentation of accounts;
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JAMAICA AGRICULTURAL SOCIETY
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(e) the establishment of Branch Societies, Associations
of Branch Societies and Affiliated Societies;

(ee) the formulation of procedures, and the laying down Gil978
of conditions, subject to which any agricultural ’. ’
commodity organization may be recognized as an
Approved Member Organization;
regulating the procedure for nominations to the
Board by Approved Member Organizations under
section 11 (l)cfl and for the giving of approval to
any such nomination;

0 generally for carrying this Act into effect.

(ef)

14. The delegates of Branch Societies, Associations of Society
Branch Societies and Approved Member Organizations in certain
general meeting, may from time to time make by-laws for $’;;;.

to makc

the purposes of this Act- S. 6.

(i) for prescribing the rights and privileges, and
for regulating the admission and removal, of
members of the Society;

(ii) for regulating the use of the facilities of the
Society by members of the Society and by
the public;

(iii) for regulating the number of delegates from
each Branch Society, Association of Branch
Societies and Approved Member Organiza-
tion who may attend the general meetings
or annual general meetings of the Society
and for regulating the conduct of such
meetings.

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