Jamaica Co-op. Marketing Assoc. Protection Act

Link to law: http://www.moj.gov.jm/laws/jamaica-co-op-marketing-assoc-protection-act
Published: 1928-03-07

JAMAICA CO-OPERATIVE MARKETING
ASSOCIATION PROTECTION

THE JAMAICA CO-OPERATIVE MARKETING
ASSOCIATION PROTECTION ACT

ARRANGEMENT OF SECTIONS

1. Short title.
2. Interpretation.
3. Provision for fines and penalties.
4. Liability of third parties.
5. Jurisdiction.
6. Injunction and specific performance.
7. Contracts to grow and deliver and charge on land.
8. Devolution of shares on transfer of land.
9. Power of trustees and director.

10. Trustees and directors authorized to invest on lands subject to
wntractS.

11. Stamp duty, &c.
12. Recording.
13. Registered lands.
14. Restraint of trade.
15. Register to be kept and to be open to inspection
16. Minister's power to hold enquiry.
17. Costs of enquiry. &c.
18. Delivery of books, vouchers, &c.
19. Penalty for non-delivery.

SCHEDULE

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JAMAICA CO-OPERATIVE MARKETING
ASSOCIATION PROTECTION

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THE JAMAICA CO-OPERATIVE MARKETING cap. 172
ASSOCIATION PROTECTION ACT

[7th March, 1928.1

1. This Act may be cited as the Jamaica Co-operative Short title.
Marketing Association Protection Act.

2. In this Act- mterpreta-
“co-operative association” means any society registered tion’

under the Industrial and Provident Societies Act, and
any company incorporated under the Companies Act
having as its principal object the co-operative market-
ing of any commodity grown or manufactured in
Jamaica;

“co-operative marketing contract” means any contract
entered into with any co-operative association to
deliver to or sell through such co-operative association
or in accordance with its directions any commodity
grown or manufactured in Jamaica and not expressed
to be made so as to exclude the provisions of this Act.

3. All co-operative associations shall have the power to proision
provide under their articles of association or rules and Ed fines
regulations as the case may be and/or under any co-opera- penalties.
tive marketing contract for the payment by its members of
fines and penalties and/or specific or ascertainable sums of
money by way of liquidated damages for any infringement
of its rules and regulations or for any breach of a co-opera-
tive marketing contract or any term thereof and may

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ASSOCIA TION PROTECTION

further provide that the party found guilty of any breach
of any co-operative marketing contract or of any term
thereof shall pay all costs, expenses and fees in case any
action in respect of such breach is brought by the co-opera-
tive association.

Liability of 4. Every person or company having knowledge or notice
of the existence of a co-operative marketing contract who
solicits or persuades or aids or abets any person to sell or
deliver any agricultural or manufactured product other-
wise than in accordance with the terms of such co-operative
marketing contract or buys from or accepts or receives for
sale or for auction or for display for sale any agricultural
or manufactured product delivered by any such contracting
person otherwise than in accordance with the terms of such
co-operative marketing contract shall be liable on summary
conviction by a Resident Magistrate to a penaIty to be
recovered summarily of two hundred dollars for the first
offence and in default of payment to imprisonment with
or without hard labour for a period not exceeding sixty
days; and four hundred dollars for any subsequent offence
and in default of payment such person or in the case of a
company the manager or agent in Jamaica of such company
shall be liable to imprisonment with or without hard labour
for a period not exceeding six months; and on every con-
viction of any person or company for any offence under this
section such person or company shall in addition be liable
to pay to such co-operative association double the local
market price, at the date of the offence, of the product dealt
with as aforesaid in breach of the co-operative marketing
contract and in respect of which such conviction shall be
entered which said value shall be determined and declared
by the Resident Magistrate on conviction and the said
amount when declared by the Resident Magistrate shall be

third

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JAMAICA CO-OPERATIVE MARKETING
ASSOCIATION P R OTEC TlON

deemed to be a judgment debt and shall be enforced as a
judgment of the Court and the jurisdiction of the Resident
Magistrate under this section shall not in any way be
limited by the jurisdiction prescribed by the Judicature
(Resident Magistrate's) Act or any amendment thereof or
any enactment passed in substitution therefor. In the event
of any person or persons absent from Jamaica or any
company not registered in Jamaica becoming liable to pay
the value determined and declared by a Resident Magistrate
as aforesaid the said judgment shall be entered and enforce-
able against the manager,

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5. For the purpose of the foregoing section the Resident Jurisdiction.
Magistrate having jurisdiction shall be the Resident
Magistrate for the parish where the offence shall be com-
mitted or where the person or company committing the
offence shall reside or have his or their principal place of
business or agency in Jamaica.

6. In the event of any breach or threatened breach of hjuoction
and spectic any provision of a co-operative marketing contract by a psrfom-

member of any co-operative association such association
shall be entitled to an injunction to restrain such member,
his agents and servants from selling or delivering the
agricultural or manufactured product otherwise than in
accordance with the co-operative marketing contract and
to a decree for specific performance of the said co-operative
marketing contract by such member. Pending the adjudi-
cation of any action brought by any co-operative association
under this section and upon ex parte application to the
Supreme Court or to any Resident Magistrate's Court
having jurisdiction in the matter and upon evidence by
affidavit of the breach or threatened breach and upon the
giving of such undertaking or security as may be approved

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ASSOCIATION PROTECTION

of by such Court or Judge, the co-operative association shall
be entitled to an interim injunction restraining such breach
or threatened breach.

Contracts to 7. The convenants and obligations imposed by a co-
deliver and operative marketing contract on any member of a co-opera-

tive association shall run with the lands mentioned in such
co-operative marketing contract so as to be binding on all
assignees and transferees whomsoever of the said lands.
The said co-operative marketing contract shall (without
prejudice to any claim for taxes or rates general or
parochial) create in favour of such co-operative association
a charge upon all crops and agricultural or manufactured
products mentioned therein and growing or to be grown
on or produced from such lands to secure the due marketing
of the same in accordance with the terms of the co-opera-
tive marketing contract and such charge shall be a preferen-
tial charge upon the said crops and agricultural and
manufactured products ;

Provided nevertheless that the directors of such co-opera-
tive association may, if the interests of the said association
in their discretion warrant their so doing (with the consent
of the Minister if any debt of the association owing to or
guaranteed by the Government of Jamaica remain unpaid),
release the said lands from the covenants and obligations
contained in the co-operative marketing contract and from
the charge hereby created :

Provided however that such charge if created by a lessee
or tenant for years or tenant for life shall not enure for a
greater estate than that of such lessee or tenant for years
or tenant for life.

Every such charge shall be valid against all successors
in title and subsequent assignees, transferrees, mortgagees,

grow and

chargc on
land.

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JAMAICA CO-OPERATIVE MARKETING
ASSOCIATION PROTECTION

encumbrancers and purchasers of said lands and against a11
trustees in bankruptcy, trustees under any deed of assign-
ment for the benefit of creditors, bailiffs or other officers
executing any civil process and execution creditors :

FYovidmi however that no such charge shall have priority
over or affect any mortgage duly recorded or registered
prior to the recording or lodging at the Office of Titles as
hereinafter provided of the certificate in relation to the
said co-operative marketing contract.

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8. Upon the transfer or conveyance (other than a trans- Devolution
fer or conveyance by a mortgagee under his power of sale of shares on
whose mortgage has priority over a co-operative marketing Of land.
contract) of any lands subject to a co-operative marketing
contract such transfer or conveyance shall, subject to the
provisions of section 7, be deemed to operate also as a like
transfer or assignment of the said co-operative marketing
contract and the person taking under such transfer or
conveyance of the said lands shall be entitled to and shall
become the transferee of all shares in the co-operative
association which may have been issued in respect of the
co-operative marketing contract relating to the said lands.

9. Any trustee or trustees and also any director or power of
directors or other person charged with the management of
a company or society or building society and any committee
of a lunatic and any tenant for life and any person having
the powers of a tenant for life under the Settled Land Act
may enter into, concur in or consent to any co-operative
marketing contract in respect of any crops and agricultural
or manufactured products on any lands and such contract
shall be valid to all intents and purposes and be binding
upon all cestuis que trust, successors in interest and all
persons in any way having interest in the said lands.

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Trustees and
direct o n
authorized
to
invest on
lands sub-
ject to
C0"traCtS.

Stamp
duty. &c.

Recording.

Schedule

JAMAICA CO-OPERATIVE MARKETING
ASSOCIA TIOX PROTECTION

10. It shall be lawful for any trustee or trustees and also
any director or directors or other person charged with the
management of a company or society or building society
and any committee of a lunatic to invest moneys on the
security of lands notwithstanding that the said lands be
subject to any co-operative marketing contract and it shall
be lawful for any of the said persons being interested as
mortgagees of any lands to concur in or consent to any
co-operative marketing contract in relation thereto or to
the crops and agricultural and manufactured products
thereon and therefrom; nor shall any dealings by any of the
aforesaid persons in any lands subject to any co-operative
marketing contract be deemed a breach of trust by reason
only of the existence of the said co-operative marketing
contract.

11. A stamp duty of five cents shall be paid on each
original co-operative marketing contract and such stamp
duty shall be in lieu of all other stamp duties, record fees,
Office of Titles fees and caveat fees that would otherwise
be payable in respect of any co-operative marketing
contract.

12. Jt shall not be necessary to record at the Record Office
of Jamaica any co-operative marketing contract but (except
in the case of lands under the operation of the Registration
of Titles Act) a certificate signed by the chairman or one
director and the secretary of any co-operative association
in the form and to the effect of the Schedule shall be
recorded in the Record Office within three calendar months
of the date when the said co-operative marketing contract
shall come into force and such recording shall be deemed
notice to all persons of such co-operative marketing con-
tract and shall also be as effective for all purposes as if
the said co-operative marketing contract itself had been
fully recorded.

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ASSOCIATION PROTECTION

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13. Where lands affected by any co-operative marketing Rcsistered
lands. contract are under the operation of the Registration of

Titles Act, upon a certificate as aforesaid being lodged at the
Office of Titles, the Registrar of Titles shall cause a caveat
to be entered forbidding the registration of any person as
transferee or proprietor of and of any instrument affecting
the lands affected by the said co-operative marketing con-
tract until after notice of the intended registration or
dealing be given to the co-operative association, and the
lodging of the said certificate at the Office of Titles shall be
deemed notice to all persons of such co-operative market-
ing contract and shall also be as effective for all purposes
as if the said co-operative marketing contract itself had
been duly registered.

14. No co-operative association shall be deemed to be Rcrlrnint of
Irade. guilty of conspiracy or combination in restrain of trade

nor shall any co-operative marketing contract or any agree-
ment or contract authorized by the rules of any co-operative
association be considered illegal or in restraint of trade nor
shall any co-operative association be deemed to be a trade
union.

15. Every co-operative association shall keep at its Register to
registered office a register of all its co-operative marketing to be open
contracts which shall contain the common form of market- ~ o ~ ~ p e c -
ing contract and the name and address of each contractor,
all property affected by the contract of which the co-opera-
tive association has notice, the parish or parishes where
situated, the crops and acreage affected, the date of the
contract and the date when the contract became operative.
Such register shall subject to such reasonable restrictions as
the directors of the co-operative association may from time
to time impose be open to the inspection of any person
between the hours of eleven a.m. and twelve noon of the

be kept and

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ASSOCIATION PROTECTION

Minister's
power to
hold
enquiry.

Costs of

clock on each day when the office of the association is open
to business on the payment by him of five cents for each
inspection not exceeding fifteen minutes. If such inspec-
tion is refused the co-operative association shall incur for
each refusal a penalty of four dollars recoverable in a sum-
mary manner and every director and manager of a co-opera-
tive Association who shall knowingly authorize or permit
such refusal shall incur the like penalty to be recoverable
in the like manner.

16. It shall be lawful for the Minister if in his opinion
it is necessary or on the requisition of twenty-five per cent
or such other lesser number as the Minister may consider
sufficient of the shareholders or members of any co-opera-
tive marketing association under this Act or any enactment
amending the same or in substitution therefor to appoint
if he think fit some person or persons to enquire into the
working, management and system of operation and to audit
and check all documents, accounts and investments or other
matter or thing of any such co-operative association with
the view of finding out and reporting on the financial
policy, standing and stability of such association and
whether such co-operative association is carrying out fully
the aims and objects of such co-operative association.

17.-(1) If such amointment is made by the Minister -.
by reason of the requisition of the said members, such
members shall give proper and sufficient 'security as shall
be approved by the Minister for the payment of all costs
of and expenses incident to such enquiry before the
Minister shall appoint any person or persons to enter on
such enquiry.

(2) The costs of and expenses incident to any such
enquiry shall be in the discretion of the Minister on the
recommendation of the person or persons holding the

coquiry. &E.

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JAMAICA CO-OPERATIVE MARKETING
ASSOCIATION PROTECTION

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enquiry, and any order for costs and expenses made by the
Minister by virtue of this section shall, subject to taxation
of such costs and expenses by the Registrar of the Supreme
Court, have the force of a judgment of the Supreme Court.

tive association shall deliver all books, vouchers, papers, :$&rr9,
documents and other matter or thing which may be required &c.
for the purpose of such enquiry, audit and check and shall
also give all information and render all such assistance as
are in their power to the person or persons appointed as
aforesaid.

18. All officers, clerks and servants of any such co-opera- Delivery oi

19. Any officer, clerk or other agent or servant whatso- penalty
ever of any such co-operative association who fails, without for delivery, non-
reasonable excuse, the proof of which shall be on him, to
deliver any book, voucher, paper, document or other matter
or thing necessary for the purpose of the enquiry, audit
and check or who withholds any information necessary for
same shall be guilty of an offence and shall on conviction
by a Resident Magistrate be liable to a fine not exceeding
four hundred dollars for each offence and in default of pay-
ment to imprisonment with or without hard labour for a
period not exceeding three months.

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ASSOCIATION PROTECTlON

(Section 12) ) SCHEDULE

FORM OF CERTIFICATII

We the undersigned being the Chairman (or Director) and the
Secretary of (here state ihe registered name of the ussocifliion) do
hereby certify that a oo-operative marketing contract has besn entered
into between the association herein named and the party or parties
and according to the particulars hereunder appearing.

crops

affected

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