Jamaica Cultural Development Commission Act

Link to law: http://www.moj.gov.jm/laws/jamaica-cultural-development-commission-act
Published: 1968-09-01

JAMAICA CULTURAL DEVELOPMENT COMMISSION 1

A&
3zot 1968, THE JAMAICA CULTURAL DEVELOPMENT COMMISSION ACT 8 Of 1980.

[Isr September, 1968.1

1. This Act may be cited as the Jamaica Cultural Develop- short title.
ment Commission Act.

Interpreia-
ti0U

2. In this Act-
“chairman” means the chairman of the Commission and

includes any person for the time being performing
the functions of the chairman;

"Commission" means the Jamaica Cultural Develop-
ment Commission established by section 3;

“deputy chairman” means the deputy chairman of the
Commission and includes any person for the time
being performing the functions of the deputy chair-
man;

“financial year” means such period of twelve months
as the Commission, with the approval of the
Minister, may determine to be its financial year,
so, however, that the first financial year shall be the
period commencing with the 1st September, 1968,
and ending with such day as may be fixed by the
Commission with the approval of the Minister;

“functions” includes duties and powers;
“member” means a member of the Commission.

3.41) There shall be established for the purposes of this Establish-
Act a body to be called the Jamaica Cultural Development FA,$3sion.
Commission.

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JAMAICA CULTURAL DEVELOPMEXT COMMISSION 2

schedule. ( 2 ) The provisions of the Schedule shall have effect as
to the constitution of the Commission and otherwise in
relation thereto.

Functions 4.-(1) The Commission shall-
Commission. (U) promote cultural programmes and activities in
s. 3. communi4ties throughout the Island;

(h) encourage and organiw each year independence
anniversary celebrations and other celebrations
marking occasions of national interest;

(c) stimulate the development of local talents by means
of trairning, workshops, competitions, exhibitions,
pageants, parades, displays and such other activir
ties as the Commission may from time to time
determine;

(d ) complement the work of other agencies engaged
in the carrying out of community development
programmes throughout the Island.

(2) Subject to the provisions of this Act, the Commis-
sion shall have power, for the purpose of discharging its
functions under this Act, to do anything and to enter into
any transaction which, in the opinion of the Commission, is
necessary to ensure the proper performance of its functions.

of the

8/1980

Funds of
the Com-
mission.

5 . 4 1 ) The funds of the Commission shall consist of such
moneys as may from time to time be placed at its disposi-
tion for the purposes of this Act by Parliament and such
other moneys as may lawfully be paid to the Commission.

(2) Notwithstanding anything contained in any other
law-

(a) any instrument nzczssary for transferring or vesting
any land to or in the Commission upon which or
in respect of which stamp duty, registration or
recording fees are payable, shall be exempt from

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J A M A K A CULTURAL DEVELOI’~MELVT COMMISSION 3

the payment of such stamp duty, registration or
recording fees;

( h ) the Commission shall, in relation to all property
whatsoever held or dealt with by them for the pur-
poses of this Act, be exempt from the payment of
property tax and income tax.

6 . 4 1 ) The Commission shall keep proper accounts and sa;dpL
othzr records in relation to the business of the Commission
and shrdl prepare annually a statement of accounts in a form
satisfactory to the Minister, being a form which shall con-
form with the best commercial standards.

(2) The accounts of the Conimission shall be audited
by an auditor appointed annually by the Commission and
approved by the Minister.

( 3 ) The auditor’s fees and any expcnszs or Ihe audit.
siiall be paid by the Commission.

(4) Within thres months after the expiration of each
financial year or within such further time as rnay be allowed
hy the Minister, the Commission shall send the statement
of its accounts referred to in sub-paragraph (I) to the
Minister; together with a copy of any report made by the
auditor on that statement and on the accounts of the Com-
mission.

(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 Commission.

7.~~--( 1) The Commission shall, within three months aftcr h u a l
the expiration of each financial year or within such further =PO*
time as may be allowed by the Minister, cause to be made
and transmitted to the Minister a report dealing generally
with the activities of the Commission during that financial
year.

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JAMAICA CULTURAL DE VEL OPMEh’T COMMISSION

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

Power of
Minister to
issue
general
dirmtionl
in mattern
of Policy.

8. The Minister may, after consultation with the chair-
man, give to the Commission such directions of a general
character as to the policy to be followed by the Commission
in the performance of its functions as appear to the Minister
to be necessary in the public interest and the Commission
shall give effect thereto.

Regula- 9. The Commission may, with the approval of the
Minister, make regulations generally for the better carrying
out of the provisions of this Act.

tions.

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lAMAICA CULTURAL DEVELOPMENT COMMISSION 5

SCHEDULE (Section 3)

The Jamaica CuNural Developmen! Commission

I . The Commission shall consist of such number of persons. not Canstitu-
Commis-

being less than five nor more than thirty, as the Minister may from tionof
time to time appoint. sion.

place of any member of the Commission in the case of the absence ;'P$;t-
or inability to act of such member.

3. (I) The Minister shall appoint a chairman and a deputy chairman Chairman
from amongst the members of the Commission.

(2) In the case of absence or inability to act of the chairman, the chairman.
deputy chairman shall perform the functions of chairman.

(3) In the case of the absence or inability to act of both the chair-
man and the deputy chairman, the Minister may appoint any other
member of the Commission to perform the functions of the chairman
or. as the case may be, the deputy chairman. during such absence or
incapacity.

be evidenced by an instrument in writing, and such instrument shall O f f i c e .
specify the period of office of the member which shall not exceed three
years.

(2) Every member of the Commission shall be eligible for re-
appointment.

(3) The Minister may at any time revoke the appointment of the
chairman. the deputy chairman. or any other member of the Comrnis-
sion if he thinks it expedient sa to do.

at any time resign his office by instrument in writing addressed to the tions.
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 Commission.

(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 reoeipt of such instrument by the Minister.

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

and
d e p w

4. ( I ) The appointment of every member of the Commission shall Tenurcof

5. (1) Any member of the Commission other than the chairman may Resigna-

6. The names of the members of the Commission as first constituted
and every change in the membership thereof shall be published in the
Gazetfe.

Publica-
tion of
member-
ship.

7. (1) The Commission shall be a body corporate having perpetual Incorpora-
succession and a common seal and with power to acquire, hold and tion.
dispose of land and other property of whatever kind.

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6 JAMAICA CULTURAL DEVELOPMENT COMMISSION

(2) The scal oI the Commission shall be authenticated by the
sipatures of the chairnian or one memher o f the Commission authorized
to act i n that behalf and an officer of the Commission authorized to
act in that hehnlf by thc CommicLirin, ciid shall be judicially and
officlall? noticed.

(3) All documents, other than those required by law to be under
SCJ!. made by, and all decisions of. tlie Coniniission nlay be signified
under tlie hand of the chairman or any member or officer of the Com-
mission authorized to act in that behalf.

X. (I) The Commission shall meet at such tinies as may be necessary
or expcdicnl for thc mnsaction of busincss, and such meetings sllall
hc hcld 3 t such pkces snd times asd on such days as Ihc Commission
may determine.

(2) The chairman may a t any time call a special niceting of the
Commission arid shall call a spccial meeting to be held within seven
days of a written request i u r that purpose addressed to him by any
three menibers of the Conicii

(3) The chairman or, in the casc of ahsence or inability [o act of
ill? cl13irmm. the deputy chairman shall preside at thc meetings c.f
the Commission and in the abscnce of both the chairman and the deputy
chairman from any meeting, thr members of the Commission present
shall elect one of their number to preside at that meeting, and when so
prcsiding thc chairman, the dcputy chainnan, o r the person elccted 3s
aforesaid, as the case may he, shall have an original and a casting vote.

(4) The quorum of the Commission shall be such number as the
Camnii:si!-n may from time to time determine.

( 5 ) Subject to the provisions of this Schedule the Commission may
rcgulate its own proceedings.

( 6 ) 7 l i c validity of any proceedings of the Commission shall not
hz affected by any vacancy amongst the memkrs thereof or by any
de€ect in thz :Fpo;ntmenL of a member thereof.

9. Tlicrc slid1 be paid to the chairman, the deputy chairnian, and
other rnemtizr;. c i f t h z Co:;loi'.ssion scch reniuncration, if any \wb%h:r
by way U; salrrics or trav-]ling or othsr ailowmccs:. iis the M i i i i s 1 C r
moy de!erm'nc.

10. ( I ) The Cornmission may appoint and employ at such remuncra-
tion and on such terms and conditioiis as i t thinks fit, a director, and
such othcr otlicers, agents, and s r w n t s as it thinks necessary for the
proper carrying out of its functions :

Provided that no director, officer, agent or Servant shall he employed
by the Commission a! a salary in excess of three thousand dollars per
annum without the prior approval of the Minister.

Pr0Ced"E
and meet-
ings.

Remll*.Xa-
tion of
members.

Power to
appoint
officers,
agents and
semants.

JAMAICA CULTURAL DEVELOPMENT COMMISSION 7

(7) The Governor-General may, subject to such conditions as he
may impose, approve of the appointment of any public officer in the
service of Jamaica to any ofice with the Commission and any public
ofhcer so appointed shall in relation to pension. gratuity or other allow-
ance and to other rights as a public officer, be treated as continuing
in the service of the Government.

11. (1) The Commission may, with the approval of the Minister. Appoint.
appoint committees for any such general or special purposes with which menrof
the Commission may be concerned as in the opinion of the Commission $rmit.
would be better regulated and managed by means of a committee.

(2) The number of mcmhers of a committee appointed under
sub-paragraph (1). their furctions and term of appointment. the quorum
of the committee, and the area. if any, within which the cornmittcc is
to exercise authority shall be deterniincd by the Commission.

(3) A committee appointed pursuant to this paragraph may in-
clude persons who are not members of the Commission :

Provided that a t least one of the members of any such committee
shall be a member of the Commission.

(4) The provisions of paragraph 13 shall apply to a member of
a committee who is not a member of the Commission in like manncr
as they apply to a member of the Conmission.

( 5 ) The validity of the proceedings of a committee appointed
pursuant to this paragraph shall not be affected by any vacancy amongst
the members thereof or by any defect in the appointment of a m e m k r
thereof.

17. (.!I Sui?,icct to thc provisions of this Schedule. the Commision Puwerto
may delegate to any member or committee of the Commission or to 1le:c;ate.
any of its officexs or servants, the power and authority to carry out
such functions as the Commission may dctcrmine.

(2) Every delegation under this paragraph shall be revocable by
the Commission and no delegation shall prevent the excrcise by the
Commission of any fonclion delcgated.

13. (1) No action, suit, prosecution or other proceedings shall he prolcc-
brought or instituted psrsonally against any member of the Commission lion of
in respect of any act done bona tide in prsudnce or execution or i n -
tended execution of this Act.

(2 ) Where any mernbir oi ihc Commission is exempt from liabiliiy
by reason only of the provisions of this paragraph, the Commission
shall be liable to the extent that it would bc if the said member was a
servant or agent of the Commission.

14. The office of chairman, deputy chairman, or member of the Com- ~ f i -
mission shall not be a public office for the purposes of Chapter V of chairman.
the Constitution of Jamaica. deputy

chairmnn
OT rncmhcr
not a
public

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IThe incJusion of this p g e ir authorize by L.N. 57/198i]
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