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Rural Agricultural Development Authority Act


Published: 1990-05-17

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RURAL AGRICULTURAL DEVELOPMENT A UTHORITY 1

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THE RURAL AGRICULTURAL DEVELOPMENT
AUTHORITY ACT

ARRANGEMENT OF SECTIONS

Preliminar?,

Short title.
Interpretation.

Establishment and Functions of Authority

Establishment of Authority.
Functions of Authority.
Ministerial directions.
Appointment of officers and employees.

Financial Provisions

Funds.
Borrowing powers.
Advances and guarantee of borrowings.
Repayment of, and interest on, advances and sums issued to meet

Exemption from income tax.
Accounts and audit.
Annual report and estimates.
Improvement work on private land.
Power of inspection.
Notices.
Regulations.

guarantee.

SCHEDULE

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RURAL AGRICULTURAL DEVELOPMENT AUTHORITY 3

.kl
13 of 1990.

THE RURAL AGRICULTURAL DEVELOPMENT
AUTHORITY ACT 20 of2002

[ 17th M q , 1990.1

1. This Act may be cited as the Rural Agricultural Shorttitle
Development Authority Act.

Preliminary

2. In this Act-
“agriculture” includes any activities relating to-

horticulture;
afforestation; *
apriculture;
fish-culture;
fishing;
the development and maintenance of pastures;
the cultivation of crops;
the keeping or breeding of livestock or poultry,

and “agricultural” shall be construed accordingly;

“chairman” means the chairman of the Authority;
“fbnctions” includes powers and duties;

“improvement work” means work of any nature which is
likely to enhance the productivity of land, or to reclaim
or rehabilitate any land or to remedy, retard or prevent
erosion or deterioration of land;

“rural areas” means all that part of Jamaica which falls
outside of the parish of Kingston as defined in the
Counties and Parishes Act.

Intsrpreta-
tion.

1 RURAL AGRICULTURAL DEVELOPMENT A UTHORITY

Establi&ment
of Authority.

Schedule.

Functions of
Authority.

Establishment and Functions of Authority

3 . 4 1 ) For the purposes of this Act there is hereby
established a body to be called the Rural Agricultural
Development Authority, which shall be a body corporate to
which the provisions of section 28 of the Interpretation Act shall
apply.

(2) The provisions of the Schedule shall have effect
with respect to the constitution and operation of the Authority
and otherwise in relation thereto.

4 . 4 1 ) It shall be the duty of the Authority to-

(a) provide an efficient agricultural extension service and
participate in the formulation and implementation of
appropriate rural development projects with a view to
stimulating and facilitating the development of
agriculture in Jamaica;

(b) encourage and, so far as may be practicable, having
regard to the financial and other resources and to the
statutory powers of the Authority, to secure the proper
economic and efficient utilization of all land in the
rural areas;

(c) encourage and, so far as may be practicable, having
regard to the financial’ and other resources at the
disposal of the Authority for such purpose, to assist or
to participate in the doing by private enterprise of any
improvement work in the rural areas to such extent and
in such manner as the Authority may consider
expedient;

(d) perform such other fbnctions as the Minister may from
time to time by order prescribe.

(2) In the exercise of its fbnctions under subsection ( 1 )
the Authority may-

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RURAL AGRICULTURAL DEVELOPMENT AUTHORITY 5

(a) carry on such activities as appear to it to be
advantageous, necessary or desirable for or in con-
nection with the performance of those functions,
including, without prejudice to the generality of the
foregoing, the marketing of agricultural produce;

(b) promote the carrying on of any such activities as
aforesaid by other bodies or persons and, for that
purpose may-

(i) establish or expand or promote the establish-
ment or expansion of other bodies to carry
on those activities whether or not under the
control or partial control of the Authority;

(ii) give assistance to such bodies or persons;
(c) carry on any such activities h association with

other bodies or persons (including government
authorities) or as managing agents or otherwise on
their behalf,

(d) provide technical and advisory services in connec-
tion with agriculture, including without prejudice to
the generality of the foregoing-

(i) research, training and development pro-
grammes;

(ii) the development and operation of agri-
cultural service centres in the rural areas.

5.-(l) The Minister may, after consultation with the Ministtrial
directions. chairman, give to the Authority directions of a general

character as to the policy to be followed by the Authority
in the exercise and performance of its functions in relation to
matters appearing to the Minister to concern the public
interest.

(2) The Authority shall give effect to any directions
given by the Minister under subsection (1).

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6 RURAL AGRlCvLTURAL DEVELOPMENT AUTHORITY

ment Appoint- of 6.-(1) The Authority may, after consultation with the
o f f i ~ s a d Minister, appoint and employ an Executive Director at such

remuneration and on such terms and conditions as the
Authority thinks fit.

employees.

(2) The Authority may appoint and employ at such
remuneration and on such terms and conditions as it thinks
fit, such officers, other employees and agents as it thinks
necessary for the proper carrying out of the provisions of
this Act.

(3) The Governor-General may, subject to such condi-
tions as he may impose, approve the appointment of any
officer in the service of the Government to any office with
the Authority and any officer so appointed shall, while so
employed, in relation to any pension, gratuity or other allow-
ance, and in relation to other rights as a public officer, be
treated as continuing in the service of the Government.

(4) It shall be lawful for the Authority, with the appro-
val of the Minister-

(a) to enter into arrangements respecting schemes
whether by way of insurance policies or not; or

(b) to make regulations,
for pensions, gratuities and other retiring or disability or
death benefits relating to members and employees of the
Authority, and such arrangements or regulations may in-
clude provisions for the grant of benefits to the dependents
and legal personal representatives of such members or em-
ployees.

Financial Provisions

Funds. 7.-(1) The funds of the authority shall consist of-
(a) all such moneys as may from time to time be ap-

propriated by Parliament for the purposes of the
Authority; and

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RlJRAL AGRIClJLTlJRAL DEC%:I,OI’MlWT A IJTHOKI’I‘Y 7

(b) all moneys accruing to the Authority from any other

(2) The Authority may establish and maintain a reserve
fund to meet contingencies and for such other purposes as it may
think fit.

(3) The management of the reserve fund, the sums to be
carried from time to time to the credit thereof, the charges to be
made against it and any other application of the moneys
comprised therein shall be as the Authority may, with the
approval of the Minister responsible for finance, determine.

borrow sums required by it for meeting any of its obligations or
discharging any of its finctions.

(2) The power of the Authority to borrow shall be
exercisable only with the approval of the Minister responsible
for finance as to the amount, as to the sources of the 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 particular
borrowing or otherwise, and may be either unconditional or
subject to conditions.

to the Authority out of moneys provided by Parliament for the Ics0r
purpose.

(2) With the approval of the House of Representatives
the Minister responsible for finanee may guarantee, in such
manner and on such conditions as he thinks fit, the payment of
the principal and of interest on any authorized borrowings of the
Authority made otherwise than by way of advances 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 the payment of interest guaranteed under
the Drovisions of this section he shall direct the repayment or, as

source.

8.--(1) Subject to subsections (2) and (3). the Authority may pnwr\ lh’ma’\vlllg

9.-(1) The Minister may from time to time make advances and .\dvailccs giiarm-

hmow ings

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8

Repayment ot;
and interest
on. advances
and sums
issued to meet
guarantee.

Exrmptivn
tiom in-
come tax.
2012002
s. 2.

RURAL AGRICULTURAL DEVELOPMENT A WHORITY

the case may be, the payment out of the Consolidated Fund of
the amount in respect of which there has been such default and
any such repayment or payment shall be a charge on the
Consolidated Fund.

10. The Authority shall make to the Accountant-General, at
such times and in such manner as the Minister or other person
designated by the Minister may direct, payment of-

(a) such amount as may be directed in or towards
repayment of advances made to the Authority under
section 9 (1);

(b) any sums issued in.hlfilment of any guarantee given
under that section;

(c) interest on any sum outstanding for the time being in
respect of such advances and of any sums so issued at
such rate 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.

lOA.--(l) Any interest paid to the Authority in respect of
funds placed in any savings or other interest bearing account
shall be exempt from income tax.

(2) Subsection (1) shall be deemed to have come into
operation on the 1st day of January, 1997.

(3) The amount of any income tax paid by the
Authority in respect of any interest earned on any .deposit
referred to in subsection (1) for the years of assessment 1997,
1998, 1999,2000 and 2001 shall be rehnded to the Authority.

11.--(1) The Authority shall keep proper accounts and other
records in relation to the business of the Authority and shall
prepare annually a statement of accounts in a form satisfactory
to the Minister, being a form which shall conform with the best
commercial standards.

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

Accounts
and audit.

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RURAL AGRlCULTURAL DEVELOPMENT AUTHORITY 9

(3) The auditor’s fees and any expenses of the audit
shall be paid by the Authority.

(4) The Auditor-General shall be entitled at all rea-
sonable times to examine the accounts and other records
in relation to the business of the Authority.

12.-(1) The Authority shall within six months after the g ! L d
end of each financial year cause to be prepared and sub- estimates.
mitted to the Minister a report dealing generally with the
activities of the Authority during that financial year.

(2) A copy of such report and the annual statement
of accounts and the auditors report thereon or on the
accounts shall be laid on the Table of the House of Repre-
sentatives and of the Senate.

(3) The Authority shall, before a date specified by the
Minister, submit to the Minister for his approval estimates
of income and expenditure for the ensuing financial year.

13. Where the Authority is satisfied that it is necessary f prove-
or desirable for the purposes of this Act, to have improve- ~~~~~~
ment work done on any private land, the Authority shall land.
notify the owner or occupier of such land accordingly and
may thereafter enter into such arrangements for the execu-
tion of the work on such terms and conditions as may be
agreed with the owner or occupier.

14.-(1) Subject to the provisions of this section, any Powerof
person authorized in writing by the Authority in that &half b e c t i o n .
(in this section referred to as an “authorized person”) may
at all reasonable times enter upon any land for the purpose
of-

(a) inspecting the condition of such land or of any im-
provement work upon such land;
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10 RURAL AGRlCULTURAL DEVELOPMENT AUTHORITY

(6) ascertaining-
(i) what crops are cultivated or most suitable

for cultivating on such land;
(ii) the conditions under which such crops are so

cultivated; and
(iii) the expediency or otherwise of doing upon

such land any improvement work.

(2) An authorized person may-
(a) take such angles, bearings or measurements or

samples of soil or plants; or

(b) examine and carry out on animals such tests,
as may be necessary for the purpose for which the authorized
person entered upon the land.

(3) An authorized person shall not enter upon any land

(a) with the consent of the occupier of such land;
(b) after he has given to such occupier not less than

seven days’ notice of his intention to enter upon
such land; or

(c) if the name or address of the occupier of such land
is not known to and cannot reasonably be ascer-
tained by him, after he has posted near to such land
a notice of his intention to enter upon such land.

under this section except-

Notker. 15.-(1) Subject to subsection (2), all notices required to

(a) to the Authority shall be given either by delivering
it to the Executive Director or other principal
officer of the Authority or by registered post;

(6) by the Authority to any other person by registered
post;

be given for the purposes of this Act-

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RURAL AGRICULTURAL DEVELOPMENT AUTHORITY I I

(2) Where the Authority is unable to ascertain the
postal address of any person, any notice required to be
given in relation to any land for the purposes of this Act
may be given by the posting up of such notice in a con-
spicuous position upon the land.

16. The Authority may, with the approval of the R@-
Minister, make regulations for the better carrying out of the
purposes of this Act.

12

conatitu-
tion of
Authority.

chairman
and deputy
ahairman.

Tenure of
OBa.

Rap*-
tion.

RURAL AGRICULTURAL DEVELOPMENT AUTHORiTY

SCHEDULE (Section 3)

1.41) The Authority s M consist of such number of persons. not
being less than ten nor more than fifteen as the Minister may from
time to time appoint.

(2) The members of the Authority shall be appointed by the
Minister from amongst rsons appearing to him to be qualified as
having had experience o r and shown capacity in, matters relating to
agriculture, finance. administration or in such other matters a8 the
Minister considers appropriate for appojntment under this paragraph.

(3) A person shall be disqualified for appointment as a member
of the Authority so long as he is a member of the Kingston and St.
Andrew Corporation or any Parish Council.

2. The Minister may appoint any person to act temporarily in the
place of any member of the Authority in the case of the absence or
inability to act of such member.

3.-(1) The Minister shall appoint a chairman and deputy c h h a n
from amongst the members of the Authority.

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

(3) In the casc of the absence or inability to act of both the
chairman and deputy chairman. the Minister may appoint any other
member t f the Authority to perform the functions of the chairman
or, as the case may be, the deputy chairman, during such absence or
incapacity.

4.+1) The appoinhment of every member of the Authority shall be
evidcnced by btrumtm t in writhg, and such instrument shall specify
the period of office of the member which shall not exceed three years.

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

(3) The Minister may at any time revoke the a intment of any
member of the Authority if he thinks it expedient (10 to%

5 . 4 1 ) The chairman may at any time resign his office 9 instru-
ment in writing addressed to the Minister and such resignahon shall
take &kct aa from the date of receipt of such instrument by the
Minister.

(2) Any member of the Authority other than the chairman may
at any time resign his office by instrument in writing addressed to
the Minister and mnsmilttad through the ohinnan. and from the date
of the receipt by the Minister of such instrument, such member shdl
cease Q be a member of the Authority.

idusion of this paoe in authorited by LN. 5119921

RURAL AGRICULTURAL DEVELOPMENT AUTHORlTY 13

6. The names of the members of the Authority as first constituted Publica-
tion of
member-
ship.

7.-(1) The Authority shall meet at such times as may be necessary Procedure
or expedient for the transaction of its business so, however, that the andmeet-
Authority shall meet at least once per month in ten months of each
calendar year and such meetings shall be held at such places and times
and on such days as the Authority may determine.

(2) The chairman may at any time call a special meeting of the
Authority, 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 Authority.

(3) The chairman shall preside at meetings of the Authority
and if the chairman and the deputy chairman and the person appointed
under paragraph 3 (3) are absent from a meeting the members present
shall elect one of their number tq preside at the meeting.

and every change of membership shall be published in the Gazette.

(4) The quorum of the Authority shall be five.
( 5 ) The decisions of the Authority shall be by a majority of

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

(6) Subject to the provisions of this Schedule the Authority
may regulate its own proceedings.

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

8 . 4 1 ) The seal of the Authority shaIT be kept in the custody of the &land
Executive Director qr of any officer of the Authority authorized by the execution
Authority in that behalf, and shall be a&ed to instruments pursuant to a f d m -
a resolution of the Authority, in the presence of the Executive Director mnta.
or an other member of the Authority authorized to act in that behalf,
and d e secretary thereof.

(2) The seal of the Authority shall be authenticated by the sig-
nature of the Executive Director.

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

9. A member of the Authority who is directly or indirectly interested Disc,-
of interm. in any matter which is being dealt with by the Authority-

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

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14 RURAL AGRICULTURAL DEVELOPMENT AUTHORITY

(b) shall not take part in any deliberation or decision 6f the
Authority with rebpect to that matter.

Lave d
J b w -

lO.+lJ Any mpmber of the Authority other than the chairman who
intends to be absent from meeting8 of the Authority during a period of
more than three consecutive months shall apply to the chairman for
leave of ahencc.

(2) If the chairman intends to be absent from meetings of the
Authority during a p o d of more than three consecutive months he
shall appIy to the Mmister for leave of absence.

& d o n &
mombum.

11.41) No action, suit or othw procaedingr shall be brought or insti-
tuted penronally @nst any member of the Authority in rerpect of any
act done 6ona @e in pursuance or exeaution or intended execution of

(2) -re any member of the Authority ia exempt from liabisty
by ramon only of the provisions of thir Section the Authority rhall be
liable to the extent that it would have been if such member were an
employee or a@nt of the Authofity.

12. Tbers 8hdl be peid to the chairman and other members of the
Authority ruch remuneration, whether by way of salaries, honorarium
or other al-, M the Minister may determine.

this Ad.

R m e m -
tion of
membem