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Jamaica Racing Commission Act


Published: 1972-12-29

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JAMAICA RACING COMMISSION

THE JAMAICA RACING COMMISSION ACT

ARRANGEMENT OF SECTIONS

1. Short title.
2. Interpretation

PART 1. The Jamaica Racing Commission

3. Establishment and constitution of Commission.
4. Functions of Commission.
5. Funds and resources of Commission.

6. Application of funds.

7. Borrowing powers.
8. Advances and guarantee of borrowings.
9. Repayment of. and interest o n advances and sums issued to meet

guardntces.
10. Reserves.
I 1. Accounts and audit.
12. A M U ~ ~ report.
13. [Deleted h,v Act 28 qf2003, S. 2.1
11. Power of Minister to give directions to Commission.

p m T 11. s f l ~ f l

15. Appointment of manager. secretaq and other s e ~ a n t s or agents.

16. Pension schcmc.

PART 111. Racecourses and Racr-t11eeti,1~s

17. Unlicensed persons not to operate racecourse.
18. Application for licence.
19. Grant of licence for racecourse.
20. Transfer of licence.

2 1. Suspension and revocation of licence.
22. Race meetings and Racing Rules.

[The inclusion of t h i s page 1s authorized by L.N. 87120041

23. Occupation pennits required.

PART IV. (krwrcd

74. Appolnt~nc~it of authorixd persons.
25, In\-esligations.

76, Po\\ er of Comm:ssion to delegate functions

27. Appeal lo Co~ruiiission.
28, Decisions of Corn~i~ission final.

29. Regulations.
30 Pov er of Comrniss~on to impose penalties.

3 1. Offences.

SCI I1:I~ULI:.

[The inclusion of' this page is authorized by L.N. 87120041

THE JAMAICA RACING COMMISSION ACT .\cts
3 of 1972.
4 of 1979,

14 of 1997,
28 of 2MU

/29fh Ilrcemher, 1972.1 S. 2.

1. This Act may be cited as the Jamaica Racing Commis- "h""tit"-
sion Act.

2. In this Act, unless the context otherwise requires- lnterpreta-
tion.

"authorized person" means a person appointed by the
Commission under section 24;

"Commission" means the Jamaica Racing Commission
established under section 3;

"functions" includes powers and duties;
"horse" includes mare, gelding, colt and filly;
"racecourse" means any grounds in the Island including

any buildings or structures thereon used or intended
to be used for the purpose of a racecourse for racing
with horses and other incidental activities, where
betting transactions are conducted;

"Racing Rules" means the rules referred to in section 22.

PART I. lhe Jamaica Racing Commission

3.-(1) There shall be established a body to be called the E"bii"h-
ment and

Jamaica Racing Commission to regulate and control horse- constitution
racing and the operation of racecourses in the Island and to ofcorn is -

sion.
carry out such other functions as are assigned to it by or in
pursuance of the provisions of this Act or any other
enactment.

(2) The Commission shall be a body corporate to

[The inclusion of this page is authorized by L.N. 87120041

which the provisions of section 28 of the Interpretation Act
shall apply.

Schdule.
(3) The provisions of the Schedule shall have effect as

to the constitution and operation of the Commission and
otherwise in relation thereto.

Functi(~~sof 4, Subject to the provisions of this or any other enactment
Comm~ssion. the Commission shall have power to do all such things as are

in its opinion necessary for or conducive to the proper
discharge of its fbnctions, and in particular, but without
prejudice to the generality of the foregoing the Commission
shall have power-

(a) to grant such licences and permits as may be required
by virtue of the provisions of this Act;

(b) to recommend to the Minister the methods of utiliz-
ing sums under the Betting, Gaming and Lotteries
Act for the assistance of breeders of horses and
horse-racing generally; and

(c) to introduce and implement or to assist in or under-
take the implementation of any scheme for the
development of the horse-racing industry.

Funds and
resources of

5. The funds and resources of the Commission shall
Commission. C O ~ S ~ S ~ 0f-

(a) sums placed at its disposition pursuant to the
provisions of the Betting, Gaming and Lotteries Act
for the improvement of breeds of horses and the
improvement of horse-racing;

(b) any fees collected in respect of the issue of licences
and permits under this Act;

(c) moneys collected as penalties under section 30;
(6) all other sums or property which may in any manner

become payable to or vested in the Commission in
respect of any matter incidental to its functions under
this Act or any other enactment.

[The inclusion of this page is authorized by L.N. 87120041

JAMAICA RACING COMMISSION 5

6 . 4 1 ) The Commission may apply its funds for all or any Applica-

(a) the payment of expenses incurred by it in the
exercise of its functions under this Act or any other
enactment;

(b) the making of payments, grants or loans for all
or any of the following purposes-

(i) the increase of prize money in connection
with horseracing at racecourses;

(ii) the establishment and maintenance of a
welfare and provident fund for the benefit
of such categories of persons directly
employed in horse-racing as the Commission
may think fit;

(iii) any purpose approved by the Minister for
the improvement of the breeding of horses
for racing;

(c) the setting up or the operation of any undertaking,
or both, for the provision of horses, amenities and
any other matters or things rerating to horseracing.

(2) The Commission may attach to any grant or loan
made or proposed to be made by it under this section such
conditions as the Commission thinks fit.

tion of
of the following purposes- funds.

7.-(1) Subject to the provisions of subsection (2) the Borrowing
Commission may borrow sums required by it for meeting powers’
any of its obligations or discharging any of its functions.

(2) The power of the Commission to borrow shall be
exercisable only with the approval of the Minister respon-
sible for finance as to the amount, as to the source of bor-
rowing and as to the terms on which the borrowing may
be effected, and an approval given in any respect for the
purpose of this section may be either general or limited
to a particular borrowing or otherwise, and may be either
unconditional or subject to conditions.

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6 JAMAICA RACING COMMISSION

8 . 4 1 ) The Minister may from time to time make
advances to the Commission out of moneys provided by
Parliament for the purpose.

(2) The Minister responsible for finance may, with
the approval of the House of Representatives, guarantee, in
such manner and on such conditions as he may think fit,
the repayment of the principal and the payment of interest
on any authorized borrowings of the Commission made
otherwise than by way of advance under subsection (1).

(3) Where the Minister responsible for finance is
satisfied that there has been default in the repayment of
any principal moneys or in the payment of interest guaran-
teed under this section, he shall direct the repayment, or,
as the case may be, the payment, out of the Consolidated
Fund of the amount in respect of which there has been such
default.

9. The Commission shall make to the Accountant-Gen-
eral, at such times and in such manner as the Minister may
direct, payments of such amounts as may be so directed in
or towards repayment of advances made to the Commission
under section 8, and of any sums issued in fulfilment of any
guarantee given thereunder, or payments of interest on any
sum outstanding for the time being in respect of such
advances and of any sums so issued at such rates as the
Minister may direct, and different rates of interest may be
directed as respects different advances or sums and as
respects interest for different periods.

10. The Commission shall establish and maintain such
reserves as it considers necessary and as the Minister may
from time to time approve.

11.-( 1) The Commission shall keep proper accounts and
other records in relation to its business and shall prepare
annually a statement of accounts in a form satisfactory to

m e inclusion of this page is authorized by L.N. 480119731

Advances
and
guarantee
of bpr-
roulngs.

ReDiryment
&add
interest on,
advances
and sums
issucd to
mcet
guarantees.

Reserves.

Acmunts
and audit.

JAUAICA RACING COMiWISSION

the Minister, being a form which shall conform with the best
commercial standards.

(2) The accounts and records shall be kept in such a
manner as to secure the provision of separate information as
respects each of the main activities of the Commission.

(3) The accounts of the Commission shall be audited
by an auditor or auditors appointed annually by the
Commission and approved by the Minister.

(4) So soon as the accounts of the Commission have
been audited, the Commission shall send the statement of its
accounts referred to in subsection (1) to the Minister together
with a copy of any report made by the auditors on that
statement or on the accounts of the Commission.

(5) The auditor's fees and expenses of the audit shall
be paid by the Commission.

(6) The Auditor-General shall be entitled, on the
direction of the Minister, at all times to examine the accounts
and other records in relation to the business of the
Commission.

12.-(1) The Commission shall, within four months after Annual
the end of each financial year, or within such longer period as report.
the Minister may in special circumstances approve, cause to
be made and transmit to the Minister a report dealing
generally with the activities of the Commission during the
preceding financial year.

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

(3) Copies of the Commission's report together with
the annual statement of accounts and the auditor's report on
that statement or on the accounts of the Commission

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J W C A RACING COMUSSION

Power of
Minister to
give duec-
lions to Com-
mission.

Appoint-
ment of
manager.
secretary and
other
servants or
agents.

14'1997
S. 2 (a).

14 1997
S. 2 (b).

shall be published in such manner as the Minister may direct
and shall be made available to the public by the Commission
at a reasonable price.

13. [Deleted by Act 28 01 2003, S. 2.1

14.-(1) The Minister may after consultation with the
chairman of the Commission, give to the Commission such
directions of a general character as to the policy to be
followed by the Commission in the discharge of its hnctions
as appears to the Minister to be necessary in the public
interest.

(2) The Commission shall hrnish the Minister such
information as he may require with respect to the property and
activities of the Commission, and shall afford to him facilities
for verifying such information in such manner and at such
times as he may reasonably require.

PART 11. Staff

1 5 . 1 ) The Commission may appoint and employ at
such remuneration and on such terms and conditions as it
thinks fit a manager, a secretary and such other officers,
servants and agents as it thinks necessary for the proper
performance of its functions:

Provided that no salary in excess of the prescribed rate
shall be assigned to any post without the prior approval of the
Minister.

(1A) In subsection (1) the prescribed rate means a
rate of four hundred thousand dollars per annum or such
higher rate as the Minister may, by order, prescribe.

[The inclusion of this page is authorized by L.N. 87120041

JAMAICA R . ~ C Z N G coiWniissioN 9

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

of the Minister, to make regulations establishing schemes
for pensions, gratuities and other retiring benefits in respect
of the employees of the Commission and such regulations
may include provisions for the grant of benefits to the
dependants or the legal personal representatives of such
employees.

PART 111. Racecourses and Race-meetings

16. The Commission shall have power, with the approval Pension
scheme.

17.-(11 After the 29th December, 1972, it shall not be Unlicensed
lawful for any person to operate a racecourse without tooperate
obtaining a licence from the Minister authorizing him so RcoEoursc~
to do.

(2) Any person who contravenes the provisions of
subsection (1) shall be liable on summary conviction before
a Resident Magistrate to imprisonment for a term not ex-
ceeding twelve months, or to a fine for each day during
which the contravention continues not exceeding ten
thousand dollars for each such day and in default of the
payment of any such fine to imprisonment for d term not
exceeding three months, or to both penalties, that is to say,
imprisonment for a term not exceeding twelve months and
a fine not exceeding ten thousand dollars for each day
during which the contravention continues.

(3) Where a company is guilty of a contravention of
subsection (1) every director, manager, agent or officer of
the company who is knowingly a party to the contravention
shall be liable to the penalties prescribed by subsection (2).

persons not

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10 JAMAICA RACING COMMISSION

Apptication
forlicence. 18.---(1) A person requiring a licence under this Part shall

make application in writing to the Minister in the prescribed
form and manrier giving in such application the information
which may bz required by regulations made under this Act.

(2) The Minister shall transmit such application to
the Commission for its recornmcndations before granting
a licence:

Provided that the Minister may where he considers
it expedient so to do grant a provisional licence for such
period, not exceeding six months, and subject to such terms
and conditions as he thinks fit.

( 3 ) When the Commission receives an application
which has been transmitted to i t by the Minister, in order
to satisfy itself that the application is in order, the Commis-
sion may make such investigations as it considers necessary
in connection with the application.

(4) If the Commission is satisfied that the application
is in order, it shall-

(0) direct an authorized person to visit and inspect the
racecourse in respect of which the application is
being made; and

( b ) inform the applicant of such direction.
(5) Where directed under paragraph (a) of subsection

(4) an authorized person may, for the purpose of carrying
out an inspection under this section-

(a) enter upon and examine the racecourse in respect
of which the application is made;

(b) put to any person on the racecourse any question
relating to the application for a licence to operate
the racecourse if he reasonably belicves that any
information can be so obtained which will assist the
Commission in arriving at a decision as to whether
or not the application should be recommended; and

-__- ~~~~
[The inclusion of th is paqe is aulhorized by L.N. 1461 19991

IAMAICA R.4CI8G' CO;CfA4ISSION 11

he shall producc his certificate of appointment to any person
on the racecourse reasonably rquiring him to do so.

(6) Upon the coinpletion of the iiispsction as afore-
said the authorized pcrson shall make his report thereon
in writing to the Commicsion, which shall, as soon as
practicable thcredter, forward its recommendation to the
Minister.

19.41) The Minister may in resp-ct of any application Grantof
under section 18, if satisfied that it is desirable so to do, as r a ~ ~ ~ ~ r ~ e .
soon as practicable after receipt of the recommendations
of the Commission, grant or refuse to grant the licence to
the applicant to operate the racecourse and shall notify the
applicant in writing accordingly.

(2) Every such licence granted by the Minister shall
be for such period and be subject to such terms and con-
ditions as may be specified therein.

for the transfer of a licence granted under this Part, an lioenfe.
application by the person requesting the transfer shall be
made in writing to the Commission in the prescribed form
and manner giving such information as may be required
by regulations made under this Act.

(2) The Cornmission shall conduct such inquiries in
respect of any such application as it thinks fit and shall
transmit such application with its recommendations to the
Minister who may, if satisfied that it is desirable SO to do,
as soon as practicable after receipt thereof, grant or refuse
to grant such application.

(3) Where an application for transfer of a licence is
granted, the Minister shall endorse upon the licence an order
to this effect.

under this Part, upon the recommendation of the Commis- tionof
sion made pursuant to an investigation held under section 25.

licence for

2 0 . 4 1 ) Before the Minister grants or refuses a request Transferof

21. The Minister may suspend or revoke a licence granted 2;~;:::-
licence.

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[lhehclusioo d this p*sc is authorized by L.N. 146/19991

12 JAMAICA RACING COMMISSION

Rac-nwet-
ingr and
Racing
R"lCS.

22 .41) The fixing of the days on which meetings for
horse-racing at racecourses may be held shall be subject to
the approval of the Commission; and the rules relating to
horse-racing at racecourses (in this Act referred lo as '.the
Racing Rules") and any variations of such rules shall be
prescribed by the Commission.

(2) The Racing Rules may contain provisions relating
to-

(u) the programmes for meetings;

(b) the conditions on which entries to the various races
may be accepted;

(c) the method of receiving entrance fees;

(d) the paying of prize money; and

(e) all such other matters, whether similar to the fore-
going or not, relating to horses that are bred for
racing and matters relating to racing, breeding,
training and grooming as the Commission may
from time to time require.

(3) It shall be lawful for the Commission or its
employees or agents to exercise such functions as may be
prescribed by the Racing Rules.

Occupation
permits
required.

23---(1) After the 29th December, 1972, no person shall
be, or employ another, or be employed as, a trainer, jockey,
apprentice, stable employee or otherwise in connection with
any horse being trained for horse-racing unless that person
is the holder of a permit from the Commission for such
purpose.

(2) Every application for a permit under subsection
(1) shall be in such form and furnish such information as
may be prescribed.

_- -
[me vlclusion c4 t h r page IS authorrzed-b) L.N 1461 19991

JAMAICA RACING COMMISSION

(3) The Commission may-

(a) upon an application under subsection (2) grant a
permit under this section for such period and sub-
ject to such restrictions as it may think fit or may
in its discretion refuse to grant such permit;

(b) at any time suspend or revoke a permit granted
under this section and shall forthwith notify the
person concerned by post of the suspension or
revocation (as the case may be) of his permit
specifying the date on which such suspension or
revocation shall have effect.

(4) Any person who contravenes the provisions of
subsection (1) shall be liable on summary conviction before
a Resident Magistrate to a fine not exceeding four hundred
dollars and in default of payment to imprisonment for a
term not exceeding four months; and where a company is
guilty of a contravention of subsection (1) every director,
manager, agent or officer of the company who is knowingly
a party to the contravention shall be liable to the penalties
aforesaid.

13

PART IV. General
24.41) The Commission may appoint such persons as Appoint-

it thinks fit (including persons who are members of the aulhorizod
Commission) for the purpose of investigating complaints and PerSom.
otherwise securing the proper observance of the provisions
of this Act and the regulations and the Racing Rules made
thereunder, and any such person is in this Act referred to
as an “authorized person”.

(2) The Commission shall furnish every authorized
person with a certificate of appointment.

(3) An authorized person may (subject to the pro-
duction by him if so required of his certificate of appoint-
ment as such) at all reasonable times enter any premises

ment of

[The inclusion of this page is authorized by L.N. 480/19731

14 JAMAICA RACING COMMISSION

which are used or which he has reasonable cause to believe
are used-

(a) for the operations of a racecourse;
(b) for controlling the operations of a racecourse;
(c) for keeping horses in training for racing; or
(d) for the breeding of horses for racing,

and may examine the entries required to be made in the
records kept in connection therewith and copy the whole
or any material part of such records.

Invtstign- 25. The Commission may, where it considers it expedient

(a) to determine whether any licence granted under
Part I11 should be suspended or revoked;

( b ) in respect of the bieach of any of the regulations
or of the Racing Rules made under this Act or
of any terms or conditions of any licence or pro-
visional licence; or

(c) as respects any matter related to or connected with
its functions so as to determine whether any of such
functions should be exercised,

and with respect to any such investigation the followkg
provisions shall have effect-

(i) the person or persons holding the investiga-
tion (hereinafter in this section referred to
as “the tribunal”) shall do so in such manner
and under such conditions as the tribunal
may think most effectual for ascertaining
the facts of the matter under investigation;

(ii) the tribunal shall have for the purpose of the
investigation all the powers of a Resident
Magistrate to summon witnesses, call for the
production of books and documents and to

tions. so to do, hold or cause to be held an investigation-

-~
m e indusion of this page ia authorkd by L.N. 480/19731

JAMAICA RACING COMMISSION 15

examine witnesses and the parties concerned
on oath

(iii) any person summoned to attend or to
produce books or documents under this
section, and refusing or neglecting so to do
or refusing to answer any question put to
him by or with the concurrence of the
tribunal shall be guilty of an offence against
this Act and be liable on summary convic-
tion before a Resident Magistrate to a fine
not exceeding five hundred dollars and in
default of payment to imprisonment for a
term not exceeding three months :

Provided that no person shall be bound to
incriminate himself and every witness shall,
in respect of any evidence given by him at
such an investigation be entitled to the same
privileges to which he would be entitled if
giving evidence before a court of justice;

(iv) any witness attending at the request of or
upon summons by the tribunal shall. subject
to any order made by the tribunal be entitled
to like allowances for expenses as if sum-
moned to attend a Resident Magistrate's
Court.

26.-(1) The Commission may by instrument in writing Powerof
and subject to such conditions as may be specified in the todelCBate
instrument delegate to any person any of the functions func'ionn.
exercisable by the Commission by virtue of the provisions
of this Act or any other enactment.

(2) A delegation under this section shall be revocable
by the Commission, and no delegation shall prevent the
exercise by the Commission of any of its functions.

Commission

- ~- me inclusion of this page is authorized by L.N. 57119801

16 I A M A I C A RACING COMMISSION

( 3 ) Any person to whom a delegation is made under
this section shall furnish to the Commission from time to
time such information as the Commission may require with
respect to the exercise of any of the functions delegated
under this section :

Provided that nothing in this section shall authorize the
Commission to depute any person to hear any appeal or to
make regulations or Racing Rules under the powers in that
behalf conferred upon it by any enactment.

Appeal to 27 .41 ) There shall be an appeal to the Commission
C!Ommission. against a decision given by a person acting in pursuance of

any function delegated under section 26.
(2) Any person who is aggrieved by a decision given

by a person rzferred to in subsection (1) may appeal to the
Commission against such decision within such time and in
such manner as may be prescribed.

(3) The Commission may, at the hearing of an appeal
against a decision in respect of which the appeal is brought-

(a) dismiss the appeal and confirm the decision; or
(b ) allow the appeal and set aside the decision; or
(d set aside the decision and substitute therefor such

other decision as the Commission may think
proper;

( d ) allow the appeal and direct that the proceedings
in respect of which the decision (the subject of the
appeal) was made, be reconducted either by the
person who made that decision or such other
person as the Commission may decide.

28. All decisions of the Commission given in respect of Decisionsof
Commission final. any matter which falls within its functions shall be final. .

Regula-
tions.

s. 2.

2 9 . 4 1 ) The Commission may, with the approval of the
Minister, make regulations generally for the proper carry-
ing out of the provisions and purposes of this Act. . . 4/1979

~~~ me inclusion of this page i s authorized by L.N. 57/19801

a

IAMAICA RACING COMMISSlON

(2) In particular and without prejudice to the
generality of subsection (1) regulations under this section
may be made-

(a) relating to the security of persons, horses and
vehicles within a racecourse;

(b) relating to security arrangements within a race-
course;

(c) prohibiting any form of act or conduct within a
racecourse, which may cause obstruction, injury or
damage to any person, horse or property;

(d) determining or prohibiting the presence or move-
ment of any person, animal or vehicle within a
racecourse, or any part thereof, or otherwise
regulating the use of any such animal or vehicle;

(e) prescribing conditions and fixing charges to be
paid for the use of a racecourse and the facilities
provided therein;

(f l providing for the disposal of unclaimed property
in the custody of the Commission or of the license
of a racecourse;

(91 prescribing fees to be paid in respect of any applica-
tion for the grant or transfer of a licence or a per-
mit to be granted or transferred under this Act
or charges in respect of any other matter;

(h) prescribing any other matter required or permitted
by this Act to be prescribed.

17

30.-(1) The Commission shall have power to impose powcrot
penalties for any breach which has been found to be com- toimpore
mitted, pursuant to investigations under section 25, so,
however, that the penalty in respect of any such breach shall ,4,,m

Commission

not exceed two hundred and fifty thousand dollars. 5.3.

(2) Any such penalty shall-
(U) be paid into the funds of the Commission;

[The inclusion of this page is authorized by L.N. 1461 19991

18 JAMAICA RACING COMMISSION

(b) be recoverdblc by the Commission as a debt in a
Resident Magistrate’s Court.

Offences 31. Every person who-
(CO obtains a licence or permit or the renewal of a

permit or the transfer of a licence under this Act
by wilful misrepresentation: or

( b ) in relation to any application for a licence or per-
mit or the renewal or the transfer of a licence
wilfully or recklessly gives any false or misleading
information or makes a false or misleading state-
ment; or

( r ) refuses to permit any authorized person to enter
or inspect any racecourse or any premises used
for the purpose of keeping racehorses in train-
ing or breeding horses for racing, or to examine
the entries required to be made in the records kept
in connection with the operation of a racecourse
or for such purpose as aforesaid, as the case may
be, or obstructs him in the execution of his duty
under this Act,

shall be guilty of an offence and be liable on summary con-
viction before a Resident Magistrate to a fine not exceed-
ing two hundred and fifty thousand dollars or to imprison-
ment for a term not exceeding twelve months.

1411997 s. 3.

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JAMAICA RACING COMMISSION 19

SCHEDULE (Section 3)
1. The Commission shall consist of such number of members, not Constitution

being less than three nor more than seven members as the Minister may ,Oib!$mm[s-
from time to time determine.

2. The members of the Commission shall be appointed by the Min- Appoint-
ister by instrument in writing and subject to the provisions of this mentof
Schedule, shall hold office for such period, not being less than two years
nor more than five years, as the Minister may direct in such instrument.

3. Every member of the Commission shall he eligible for .=appoint- Reappoint-
ment.

4. The Minister shall appoint one of the members of the Commission Chairman.
to he the chairman thereof.

5 . If the chairman or any other member of the Commission is absent Acti?g
or unable to act, the Minister may appoint any person to act in the 2gzt-
place of such chairman or other member.

may at any time resign his office by instrument in writing addressed
to the Minister and transmitted through the chairman, and from the
date of receipt by the Minister of such instrument. that member shall
cease to be a member of the Cornmission.

(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 receipt by the Minister of such instrument.

of absence to such member.

ment.

6. (1) Any member of the Commission, other than the chairman, Resignation.

7. The Minister may, on the application of any member, grant leave LWC.

8. The Minister may at any time revoke the appointment of any Revocation
of appoint-
mts.

9. The names of all members of the Commission as first constituted ~ ~ n i n g o f

member of the Commission if he thinks it expedient so to do.

and every change in the membership thereof shall he published in the appobf-
Gazette.

10. (1) No member of the Commission shall be personally liable for Protection
any act or default of the Commission done or omitted to be done in ofmembers of thc Corn-

mision. good faith in the WUIX of the operation of the Commission.
(2) Where an person is exempt from liability by reason only

of the provisions orthis paragraph the Commission shall he liable to
the extent that it would be if that person was an employee or agent of
the Commission.

chairman and other members of the Commission such remuneration tionof
(whether by way of honoraaum, salary or fees) and such allowances membcra.
as the Minister may determine.

ment.

11. There shall be paid from the funds of the Commission to the ~ m u n c r a -

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P

20 JAMAICA RACING COMMZSSION

0t l iC.e of 12. The office of chairman or member of the Commission shall not
Or be a public office for the purpose of Chapter V of the Constitution of member not

public office. Jamaica.

Seal, r q d 13. (1) The seal of the Commission shall be kept in the custody of
~ ~ ~ ~ ~ t ~ f the chairman or of any officer of the Commission authorized by the

Commission in that behalf, and shall be affixed to instruments pursuant
to a resolution of the Commission, in the presence of the chairman or
any other member of the Commission authorized to act in that behalf,
and the secretary thereof.

(2) The seal of the Commission shall he authenticated by the
signatures of the chairman or any other member of the Commission
authorized to act in that behalf, and the secretary or some other officer
authorized by the Commission 10 act instead of the secretary.

(3) All documents other than those required by law to be under
seal, made by, and aU decisions of, the Commission may be signified
under the hand of the chairman or any other member or officer of the
Convnission authorized to act in that behalf.

14. (1) The Commission shall meet at such times as may be neces-
sary or expedient for the transaction of its business and such meetings
shall be held at such places and times and on such days as the Com-
mission may determine.

(2) The chairman may at any time call a special meeting of the
Commission and shall call a special meeting within seven days of the
receipt of a written request for that purpose addressed to him by any
two members of the Commission.

(3) The chairman shall preside at meetings of the Commission,
and if the chairman is absent from a meeting the members of the Com-
mission present shall elect one of their number to preside at the
meeting.

(4) The quorum of the Commission shall be such number as
the Minister shall from time to time determine, not being less than one-
half the total number of members of the Commission.

(5) The decisions of the Commission shall he by a majority of
votes. and in addition to an original vote the chairman or other member
presiding at the meeting shall have a casting vote in my case in which
the voting is equaL

(6) Minutes of each meeting of the Commission shall be kept
in proper form and shall be confirmed as soon as practicable at a
subsequent meeting.

(7) The validity of the proceedings of the Commission shall not
be affected by any vacancy amongst the members thereof or by my
defect in the appointment of a member thereof.

(8) Subject to the provisions of this Schedule the Commission
may regulate its own proceedings.

Procedure
and
meetings.

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JAMAICA RACING COMMISSION 21

IS. A member of the Commission who is directly or indirectly Dirclosurc
interested in any matter which is being dealt with by the Commission- Of

(a) shall disclose the nature of his interest at a meeting of the
Commission; and

( b ) shall not take part in any deliberation or decision of the
Commission with respect to that matter.

lThe inclusion of this page is authorid by L.N. 480/1973]