Jamaica Promotions Corporation Act

Link to law: http://www.moj.gov.jm/laws/jamaica-promotions-corporation-act
Published: 1990-04-26

JAMAICA PROMOTIONS CORPORATION 1

THE JAMAICA PROMOTIONS CORPORATION ACT

ARRANGEMENT OF SECTIONS

1. Short title.
2. Interpretation.

3.
4.
5.
6.
7.
8.
9.

10.

Esfablishmenf and Functions of Corporaion

Establishment of the Corporation.
Functions of the Corporation.
Keeping of register.
General powers of the Corporation to transact business.
Appointment of officers and servants.
Obligation for s e a w y .
Power of Minister to issue general directions to Corporation.
Disposal of capital assefs.

Finnncinl

11.
12. Borrowing powem.
13.

14. Investments.
15. Acoaunts and audit.
16. Reports and estimates.

Funds and resourw of the Corporation.

Guarantee by Minister of borrowings by Corporation and
repayment of sums issued to meet guarantees.

General

17. Regulations.
18.
19. Savings.

Exemption from stamp duties. etc.

SmEDULE

m e idusion of this w e ia authariZed hy L.N. 5119921

JAMAICA PROMOTIONS CORPORATlON 3

Ad
7 of 1990.

THE JAMAICA PROMOTIONS C(3RpORATIm ACT

[26rh April, 1990.1

1. This Act may be cited as the Jamaica Promotions Cor- shorttitle
poration Act.

2. In this Act, unless the context otherwise requires- Internfa- b.
“chairman” means the chairman of the Corporation;
“Corporation” means the Jamaica Promotions Car-

“functions” includes powers and duties;
“President” means the President of the Corporation;
“Vice-President” means the Vice-President of the Cor-

poration established by section 3;

poration.

Establishment and Functions of Corporaiion
3.-(1) There shall be established for the purposes Of this Eatabhh-

Act a body to be called the Jamaica Promotions Corporation, Em&$$:,
so, however, that it shall be lawful for the word “JAMPRO”
to be used in such manner as the Corporation may approve
as its name in any communications or documents or in m y
proceedings.

as to the constitution of the Corporation and otherwise in
relation thereto.

(2) The provisions of the Schedule shall have effect scbedulc

Functionsof
the corpora- 4. It shall be the duty of the Corporation tc-

(a) stimulate, facilitate and promote the development in tion.
the Island of-

(i) trade and industry;
(ii) export trade; and

4 JAMAICA PROMOTIONS CORPORATION

(iii) investment activities in all sectors of the
Island’s economy;

(b) promote the establishment and development of such
activities in connection with the discharge of its
duty under paragraph (a) as, in the opinion of the
Corporation, may be necessary or expedient in the
national interest. including (without prejudice to the
generality of the foregoing) research, training and
consultant activities, the sponsoring of trade
fairs and trade missions, the compilation and issue
of journals, bulletins and other publications;

(c) promote the carrying on of the activities referred to
in paragraphs (U) and (b) by other bodies or per-
sons, and, for that purpose, to establish or expand
or promote the establishment or expansion of, other
bodies to carry on such activities either under the
control or partial control of the Corporation or
independently, and to give assistance (including
financial assistance) to such other bodies or to other
bodies or persons appearing to the Corporation to
have facilities for the carrying on of such activities;

(d) carry on such activities as aforesaid in association
with other bodies or persons (including Govem-
ment authorities) or as managing agents or other-
wise on their behalf.

K~~~~~ 5.41) The Corporation shall, for the purposes of the dis-
charge of its duties under section 4, cause to be kept a regis-
ter (to be known as the Register of Approved Exporters) of
the names, addresses and such &er particulars as may be
prescribed, of such exporters as are approved by the Cor-
poration and apply in the prescribed manner to be so regis-
tered.

(2) The register referred to in subsection (1) shall be
open to inspection by any member of the public a t all

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JAMAICA PROMOTIONS CORPORATION

reasonable times and a copy of the register shall be pub-
lished in the Gazette at such times and in such manner as
may be prescribed.

5

6.-(1) The Corporation may do anything and enter into General
any transaction (whether or not involving expenditure, 01 thc
borrowing or investment of money in accordance with the tOtIanSaCt
provisions of this Act, the acquisition of any property or business,
rights, or: subject to section 10, the disposal of any property
or rights) which in the opinion of the Corporation is neces-
sary or desirable for the proper discharge of its functions.

(2) The powers conferred upon the Corporation by
subsection ( 1 ) include (without prejudice to the generality
of that subsection) a power to construct, maintain and
operate such factories as the Corporation considers necessary
or desirabIe for the proper discharge of its functions under
this Act.

powers

Cairwration

7.-(1) The Minister may, after consultation with the Aomint-
rn-n! of Corporation, appoint at such remuneration and on such oi$cersad

terms and conditions as he thinks fit, a President and one
or more persons to be Vice-Presidents.

(2) The President shall be the principal officer of the
Corporation and shall be responsible to the Corporation
for the day to day administration of the business of the
Corporation and for the execution of the policy of the Cor-
poration.

(3) A person appointed as Vice-President shall
perform such duties as may be assigned to that person by the
President.

(4) The Corporation may appoint and employ at such
remuneration and on such terms and conditions as it thinks
fit such other officers, agents and employees as it thinks
necessary for the proper carrying out of its functions under
this Act:

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6 JAMAICA PROM0 TlONS CORPORATION

Provided that-
(a) no salary in excess of the prescribed rate per mnum

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

(b) no appointment shall be made to any post to which
a salary in excess of such prescribed rate is assigned
without the prior approval of the Minister.

(5 ) In subsection (4) the prescribed rate means a rate
of fifty thousand dollars per annum or such higher rate
as the Minister may, by order, prescribe.

(6) 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 Jamaica to any office
with the Corporation and any public officer so appointed
shall, in relation to pension. gratuity or other allowance, and
to other rights as a public officer, be treated as continuing
in the service of Government.

(7) It shall be lawful for the Corporation, with the
approval of the Minister-

(U) to enter into arrangements respecting schemes whe-
ther by way of insurance policies or not;

(b) to make regulations,
for pensions, gratuities and other retiring or disability or
death benefits relating to employees of the Corporation and
such arrangements or regulations may include provisims for
the grant of benefits to the dependants or legal personal
representatives of such employees.

Oblimatim
f o r * ~ y ~

g.-(l) Every person having any official duty or being
employ& in the administration of this Act shall regard and
deal with as secret and confidential all documents, infoma-
tion and records relating to-

(a) any activity being dealt with by the Carporation; or
vhc inclusion of Mis age ir authorized by LN 5/19K?]

JAMAICA PROMOTIONS CORPORATION 7

(b) any person carrying out such activity.
and shall make and subscribe a declaration to that effect
before a Justice of the Peace

(2) Every such person as is referred to in subsection (1)
having possession or control over any such documents, infor-
mation m records. who at any time communicates or attempts
to communicate such information or anything contained in
such documents or records to any person-

(U) other than a person to whom he is authorized by
the corporation or the Minister to communicate it;
or

(b) otherwise than for the purposes of this Act,
shall be guilty of an offence and shall be liable on summary
conviction before a Resident Magistrate to a fine not exceed-
ing five thousand dollars or to imprisonment with or with-
out hard labour for a term not exceeding six months or to
both such fine and imprisonment.

9. The Minister may, after consultation with lhe chair- powerof
man. give to the Corporation directions of a general charac- tsgMgemral
ter as to the policy to be followed in the exercise and gz:;;;
performance of its functions in relation to matters appear-
ing to him to concern the public interest, and the Corpora-
tion shall give effect to any such directions.

Mioistcrto

10. The power of the Minister to give directions to the ~~spxa~d
CWltal Corporation shall extend to the giving of directions as tm-

(a) the disposal of capital assets; or
(b) the application of proceeds of such disposals,

notwithstanding that the directions may be of a specific
character.

Financial

11.-(1) The funds and resources of the Corporation shall ~ m d a ~ ~ ~ d
resources of consist of- thecorpora-
ticn

Whe inolusion of thin m e is authonzed by L N S/ 19921

B JAMAICA PROMOTIONS CORPORATION

(a) such sums as may be provided by Parliament an-
nually for the purpose in the Estimates of Revenue
and Expenditure;

(6) such sums as may be allocated from time to time
to the Corporation from loan funds;

(d moneys earned or arising from any property, in-
vestments, mortgages and debentures acquired by
or vested in the Corporation;

(d) any property, mortgages, debentures, or invest-
ments acquired by or vested in the Corporation;

(e) sums borrowed by the Corporation for the purpose
of meeting any of its obligations or discharging
any of its functions;

( f ) all other sums or property which may in any
manner become payable to or vested in the Cor-
poration in respect of any matter incidental to its
powers and duties.

(2) The charges on any amount which may be alloca-
ted ta the Corporation from loan funds shall be met by the
Corporation :

Provided that all or any part of such charges may be met
from the Consolidated Fund subject to the approval of the
House of Representatives.

(3) For the purposes of this section, the expression
“loan funds” means such sums as may be made available
from time to time to the Government by way of loan.

~~~~j~~
powers.

12.-(1) Subject to the provisions of subsection (2), the
Corporation may borrow sums required for meeting any of
its obligations or discharging any of its functions.

(2) The power of the Corporation to borrow shall be
exercisable only with the approval of the Minister respon-
sible far finance, as to the amount, as to the sources of the

p%c inolusim of this p g e is authorized by L.N. 5!19921

JAMAICA PROMOTIONS CORPORATION 9

borrowing and as to the terms on which the borrowing may
be effected.

(3) An approval given in any respect for the purposes
of subsection (2) may be either general or limited to a parti-
cular borrowing or otherwise, and may be either uncondi-
tional or subject to conditions.

13.-(1) With the approval of the House of Representa- Guarantw
tives the Minister responsible for finance may guarantee in ter @ br.
such manner and on such conditions as he may think fit,
the repayment of the principal and interest on any author- ;;rtion
ized borrowings of the Corporation.

satisfied that there has been default in the repayment of any
principal moneys or interest guaranteed under the provisions
of this section, he shall direct the repayment out of the
Consolidated Fund and assets of Jamaica of the amount in
respect of which there has been such default.

(3) The Corporation shall make to the Accountant-
General, at such times and in such manner as the Minister
responsible for finance may direct, payments of such
amounts as may be so directed in or towards payment of
any sums issued in fulfilment of any guarantee given under
this section, and payments of interest on what is outstand-
ing for the time being in respeot of any sums so issued
at such rate as the Minister may direct, and different rates of
interest may be directed as respects different sums and as
respects interest for different periods.

by Minis-

IneIItTY
sum iMlled
bmed (2) Where the Minister responsible for finance is marant-

14. Moneys standing to the credit of the Corporation Investments.
may from time to time be invested in securities approved
either generally or specifically by the Minister, and the
Corporation may, from time to time, with the like approval
sell any or all of such securities.

me ino1miw of this pge is authorized by L.N 5 / 19921

10 JAMAICA PROMOTIONS CORPORATION

Arcounts 15.41) The Corporation shall keep accounts of its trans-
actions to the satisfaction of the Minister and such accounts
shall be audited annually by an auditor approved by the
Minister.

(2) The members, officers and employees of the Cor-
poration shall grant to the auditor appointed under subsec-
tion (I), access to all books, documents, cash and securities
of the Corporation and shall give to him on request all such
information as may be within their knowledge in relation
to the operation of the Colporation.

(3) The Auditor-General shall be entitled at all times
to examine the accounts of the Corporation.

and audit.

16-41} The Corporation shall, in each year and at such
time as the Minister shall direct, prepare and forward to the
Minister a report of its activities during the preceding finan-
cial year, including a statement of its account audited in
accordance with section 15.

(2) A copy of the report together with the auditor’s
report shall be laid on the Table of the House of Represen-
tatives and of the Senate and shall be printed in the Gazerte.

(3) The Corporation shall, before a date specified by
the Minister, submit to the Minister for his approval esti-
mates of revenue and expenditure for the ensuing financial
year.

Generul

Reporta and
estimater.

17. The Minister may, after consultation with the Cor-
poration, make regulations generally for giving effect to the
purposes and provisions of this Act and, in particular but
without prejudice to the generality of the foregoing. may
make redat ions in relation to ail1 or any of the following
matters-

(a) regulating the exportation of goods to any country;

Regulations.

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JAMAICA PROMOTIONS CORPORATION

(6) providing for the inspection, grading, classification
and marking of any goods intended to be exported
from the Island;

(c) prescribing the forms of certificates of inspection,
grading, classification and marking of goods
intended to be exported from the Island;

(d) providing for the particulars to be entered in the
register referred to in section 5 (3) and (4) and the
manner in which such particulars may be removed
from or restored to, such register;

(4 prescribing the powers and duties of inspectors;
cfl prescribing the fees to be paid-

(i) for inspection, grading, classification or
marking of any goods intended to be
exported from the Island;

(ii) in respect of the provision by the Corpora-
tion of such other services and facilities as
the Minister may, by order, determine;

(g) providing for such other matters as may be required
for the efficient discharge by the Corporation of
its duties and functions under this Act.

11

18. Notwithstanding anything contained in any other Exemption
from stamp
dUdeQ. enactment-

(U) any instrument necessary for transferring or vesting axa,c(c
any land or other property to or in the Corpora-
tion upon which or in respeot of which stamp
duties, registration or recording fees are payable,
shall be exempt from the payment of such stamp
duties, registration or recording fees;

(6) the Corporation shall, in relation to all property
whatsoever held or dealt with by it for the purposes
of this Act, be exempt from the payment of pro-
perty tax or income tax.
me irslusim of th is page is authonzed by LN. 5/1992)

12 JAMAICA PROMOTIONS CORPORATION

savings. 19. Notwithstanding the repeal of the Industrial D e w
lopment Corporation Act and the Jamaica National Export
Corporation Act, any property purchased by, belonging to
M vested in the Industrial Development Corporation and
the Jamaica National Export Corporation, established, re-
spectively, by the repealed Acts and all interests, rights and
easernents into or out of the said property which belong to
or are vested in the said Corporations, shall, without any
conveyance, assignment or transfer, belong to and be
vested in the Corporation established under this Act, subject
to all and any trusts and to all debts, liabilities and obliga-
tions affecting the same and of all enactments or ruiles made
under this Act or any enactment, regulating the management,
maintenance, control, supervision and dealing with such pr&
perty.

JAMAICA PROMOTIONS CORPORATION 13

SCHEDULE (Section 3)

The Jamuica Pmvnotwns Corporation

1. The Corporation shall consist of not less than seven or more than ~ ~ ~ ~ t i m i ~ ~
of Corpora-
tion.

fifteen members to be appointed by the Minister.

2. The Corporation shall have a principal office in Jamaica but may otfices.
maintain such trade cummissions, branch offices, agencies and corres-
pondents (whether within or outside Jamaica) as the Corporation deems
fit.

3.41) The Minister shall appoint a chairman and a vice-chairman ,-himan
from amongst the members of the Corporation.

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

(3) In the. case of the absence or inability to act of both the
chairman and vice-chairman. the Minister may appoint any other mem-
ber of the Corporation to perform the functions of the chairman or,
as the case may be, the vice-chairman, during such a b c e or inability.

4. The Minister may appoint any person to act temporarily in the Temporary
place of any member of the Corporation in the case of the absence or wpo'a'ment.
inability to act of such member.

and vice-
ohaiman.

5.-(1) The Corporation shall be a body corporate having perpetual hcorpom-
succession and a common seal with power to purchase, lease or other-
wise acquire and hold and dispose of land and other property of
whatever kind.

(2) The s a l of the Corporation shall be authenticated by the
signatures of the chairman or one member of the Corporation authorized
to act in that behalf and the secretary of the Corporation and such
seal shall be officially and judicially noticed.

(3) AU documents, other than those required by law to be under
seal, made by. and all decisions ot, the Corporation may be signified
under the hand of the chairman. any member of the Corporation
authorized to act in that behalf, or the secretary of the Corporation.

6 . 4 1 ) The appointment of every member of the Corporation shall Tewrcd
be evidenced by instrument in writing and such instrument shall specfi om8ca
the period of office of the member, which shall not exceed three yean.

(2) Every member of the Corporation shall be e l i b k for re-
appointment.

(3) The Minister may at any time revoke the appointment of
any member of the Corporation if he thinks it expedient so to do.

me inoYvsion of this page is aulhorized by S.N. 5/19921

14

Resignation.

JAMAICA PR 0 MO TiONS CORPORATION

7.+1) Any member of the Corporation other than the chairman
may at any time. resign his 05ce as member by instrument 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 Corporation.

(2) The chairman may at any time resign his office as chairman
or member by instrument in witine addressed to the Minister and
such resignation shall take effect as-from the date of the receipt of
such instrument by the Minister,

Publication
of*m-
benhip. G ~ ~ ~ ~ .

Pmcedw
and
meetiopp.

8. The names of the members of the Corporation as first constituted
and every change in the membership thereof shall be published in the

9.+1) The Corporation shall meet as often as may be necessary or
expedient for the transaction of its business, apd such matinga shall be
held at such places and times and on such days as the Corporation may
determine.

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

(3) The chairman or, if the chairman is absent from any meeting.
the vice-chairman shall preside at all meetings of the Corporation and
in the absence of both the chairman and the vice-chairman from any
meeting the members present and constituting a quorum shall elect
a chairman from among their number to preside at that meeting.

(4) A quorum of the Corporation shall be four.
( 5 ) The decisions of the Corporation s b d be. by a majority of

votes and, in addition to an original vote, the person presiding at a
meeting shall have a casting vote in any case in which the voting M
equal.

(6) Minutes in proper form of each meeting of the Corporation
shall be kept and shall be confirmed by the chairman or the vice-
chairman or other member elected to preside at the meeting. as the
case may be, as soon as practicable thereafter at a subsequent meeting.

(7) Subject to the provisions of this paragraph, the Corporation
shall have the power to regulate ita own p r d h g s .

Disolosurs
,,finter&

10.41) Any member of the Corporation who, otherwise than as
such member, is directly or indirectly interested in a contract made
01 entered into. or proposed to be made or entered into. by the Corpora-
tion, shall as soon as possible after the relevant facts have come to
his knowledge, disclose the nature of his interest at a meeting of the
Corporation.

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JAMAICA PROMOTIONS CORPORATION

(2) A disclosure under this paragaph shall be recorded in the

(a) shall not take part after the disclosure in any ddiberation or
decision of the Corporation relating to the contract:

(b) shall be disregarded for the purpose of forming a quorum of
the Corporation €or any such deliberation or decision.

minutex of the Corporation, and the membe-

11.41) The Corporation may appoint a committee of the Corpora- powerto
tion to examine and report to it on any matter arising out of or con- appoint
nected with any of its powers and duties under (his Act.

(‘2) Any such committee shall consist of at least two members
of the Corporation and such other persons, whether members of the
Corporation or not, whose assistance or advice the Corporation may
desire.

(3) Where persons, not being members of the Corporation, are
members of a committee appointed under this paragraph, the Corpora-
tion may by resolution declare the remuneration and allowances of
such persons, and such sums shall properly be payable out of the funds
and resources of the Corpxation.

(4) The Corporation may bv resolution reiect the renort of

committees.

any such committee br adopt it eiihe;wholly or with’such moditiktions,
additions or adaptations as the Corporation may think fit.

12. Subject to the provisions of this Act, the Corporation may pawerto
delegate to any member or committee of the Cosporation the power and delegate.
authority to carry out on their behalf such duties as the Corporation
may determine.

13. No act done or proceeding taken under this Act shall be

(a) the existence of any vacancy i n the membership of, or any

(b) the contravention by a member of the Corporation of the

(c) any omission, defect or irregularity not affecting the merits of

questioned on the Found- of the
Corporation.

defect in the constitution of, the Corporation;

provisions of paragraph 10; or

the case.

14.41) No action, suit, prosecution or other praceedings shall be Protection
brought or instituted personally against any member of the Corporation
in respect of any act done bona fide in pursuance or execution or tion.
intended execution of this Act.

(2) Where any member of the Corporation is exempt from
liability by reason only of the provisions of thi5 section the Corporation
shall be liable to the extent that it would be if the said member was
a servant or agent of the Corporation.

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! G JAMAICA PROMOTIONS CORPORATION

R ~ ~ ~ u ~ I ~ - 15. There shall be paid to the chairman, vice-chairman and other
tioo members of the Corporation such remuneration, whether by way of
otmembers. honorarium, salary or fees, and such allowances, as the Minister may

determine.

Office of 16. The office of chairman or member of the Corporation shall not
chairman or be a public office for the purposes of Chapter V of the Constitution of
member not Jamaica.
public office.

me inclusion of this page is authorized by L.N. 5/19921
Read Entire Law on www.moj.gov.jm