Agricultural Manufactories Act


Published: 1913-07-07

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Agricultural Manufactories Act
AGRICULTURAL MANUFACTORIES [CH.243 – 1


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

AGRICULTURAL MANUFACTORIES
CHAPTER 243

AGRICULTURAL MANUFACTORIES

ARRANGEMENT OF SECTIONS

SECTION

1. Short title.
2. Interpretation.
3. Registration.
4. Procedure for registration.
5. Duties of owners of agricultural factories.
6. Importation of certain articles without the payment of import duty.
7. Exemption from the payment of inward tonnage or light dues.
8. Exemption from payment of outward tonnage dues.
9. Certain other officers to have free access to registered agricultural factories.
10. Rules, etc.
11. Offences.
12. Recovery of penalties.
13. Derogation.




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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

CHAPTER 243

AGRICULTURAL MANUFACTORIES
An Act relating to the encouragement of agricultural

manufactories.

[Commencement 7th July, 1913]

1. This Act may be cited as the Agricultural
Manufactories Act.

2. In this Act, unless the context otherwise requires —
“agricultural factory” means a factory used exclu-

sively for the purpose of manufacturing, preser-
ving, packing or otherwise preparing for sale or
export —
(a) any agricultural, floricultural or horticul-

tural produce of The Bahamas;
(b) any agricultural, floricultural, horticultural

or marine products which the Governor-
General may from time to time by Order
specially declare may be manufactured,
preserved, packed or otherwise prepared
for sale or export, for such limited time as
may be mentioned in such Order;

“Minister” means the Minister responsible for Agri-
culture;

“owner” includes the duly authorised agent of the
owner and the person having the charge of an
agricultural factory;

“prescribed” means prescribed by the rules;
“register” means the register kept by the Comptroller

of Customs under this Act;
“rules” means rules made under this Act;
“supplies” means any article which enters into the cost

of production of such agricultural or marine
product as finally manufactured, preserved or
packed, but does not include any article used for
any of the incidental purposes of the business
conducted at the factory not directly connected
with the processes there carried on.

12 of 1913
41 of 1936
4 of 1958
21 of 1960
50 of 1961
51 of 1963
15 of 1966
50 of 1987
21 of 1999
Short title.

Interpretation.
41 of 1936, s. 2; 5
of 1961, s. 2; 5 of
1987, Sch.

E.L.A.O., 1974.

4 of 1958, s. 2.

CH.243 – 4] AGRICULTURAL MANUFACTORIES





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

3. No person shall be registered under the
provisions of this Act —

(a) as maintaining in The Bahamas any agricultural
factory; or

(b) as desirous of building or erecting any agricul-
tural factory or of adapting any building or
erection already in existence in The Bahamas for
use as such a factory,

unless he has obtained the written approval of the Minister.
4. Where, in the prescribed manner, any person

applies to be registered under the provisions of this Act, the
Minister shall cause the application for approval to be
advertised in one or more newspapers circulating in The
Bahamas in at least two successive issues thereof and shall
fix a date for the hearing of such application. Any person
wishing to oppose such application shall notify the
Minister in the prescribed manner.

5. (1) It shall be the duty of the owner of an
agricultural factory to which this Act applies and in respect
of which written approval has been given under the
provisions of section 3 of this Act —

(a) to register the same with the Comptroller of
Customs;

(b) to supply to the Comptroller of Customs in
writing all such particulars as shall be prescribed
for the purposes of registration;

(c) to keep a stock book in the form prescribed, and
to enter therein upon each importation or taking
out of bond of any article which may be
imported or taken out of bond without payment
of import duties under this Act, a full and
complete list of such articles with the qualities
and descriptions thereof and the date of each
such importation or taking out of bond.

(2) The Comptroller of Customs shall have the
following duties and powers —

(a) to keep the register;
(b) to enter therein the particulars prescribed for the

purposes of registration;

51 of 1963, s. 3.
Registration.

5 of 1987, Sch

Procedure for
registration.
51 of 1963, s. 3.;
5 of 1987, Sch. 3.

Duties of owners
of agricultural
factories.
50 of 1961, s. 4.

41 of 1936, s. 2.;
21 of 1960, s. 2.

4 of 1958, s. 2.

Duties of
Comptroller of
Customs.

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(c) to furnish to the owner of an agricultural factory
upon the due registration thereof a certificate of
such registration in the form prescribed;

(d) to refuse to register an agricultural factory if the
owner fails or neglects to supply the prescribed
particulars;

(e) to cancel the registration of any agricultural
factory if the owner thereof shall commit a
breach of any of the provisions of this Act:

Provided that any person aggrieved by the
refusal to register or by cancellation of a
registration by the Comptroller of Customs may
appeal to the Governor-General who shall have the
power to make such order in the case as to him
shall seem fit.

6. (1) The following persons, that is to say —
(a) any person registered as maintaining in The

Bahamas any agricultural factory;
(b) any person registered as desirous of building or

erecting any such factory or of adapting any
building or erection already in existence for the
purposes of such factory,

may import into The Bahamas or take out of bond at any
warehouse port therein without payment of import
duties —

(i) all machinery, tools, fixtures or supplies
which may from time to time be required
for the purposes of the processes carried
on at the factory;

(ii) all materials necessary for the purposes of
the building, erection, alteration, repair or
equipment of such factory, or for the
adaptation of such building as a factory.

(2) Before any permit for the delivery of any article
mentioned in paragraphs (i) and (ii) of subsection (1) of
this section shall be given, the following conditions shall
be observed —

(a) the owner shall make a declaration before the
chief revenue officer of the port that such articles
are intended to be used solely for an agricultural
factory under the provisions of this Act;

Importation of
certain articles
without the
payment of
import duty.
41 of 1936, s. 2.

Declaration to be
made.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(b) the owner shall enter into a bond in the
prescribed form with two good and sufficient
sureties to be approved by the Comptroller of
Customs or other chief revenue officer of the
port in double the amount of any duties which
would ordinarily attach on importation of the
said articles to the effect that all such articles
imported or taken out of bond during the
financial year then current shall not be used or
applied otherwise than for the purpose specified
in the bond or in any manner contrary to any
terms and conditions subject to which the
application for the registration of the factory
concerned was approved.

(3) If any articles in respect of which such bond
shall have been given shall be used or applied in breach of
the conditions of the bond, such articles shall be forfeited
and may be seized and proceeded against in the same
manner as goods liable to forfeiture under the Customs
Management Act or any Act in amendment thereof or
substitution therefor, and in addition thereto the penalty of
the bond may be recovered as liquidated damages.

(4) If at any time any person who may have given
bond under this section or any person in whom the
property in any articles comprised in such bond shall be
vested, shall desire to use any of such articles otherwise
than for the purposes specified in the bond, it shall be
lawful for the Comptroller on payment of the full amount
of the duties ordinarily payable on such articles (or on so
much thereof as the Comptroller shall consider reasonable)
by memorandum endorsed on the bond to cancel the same
as far as relates to such articles.

(5) For the purposes of this section, import duties
exemptions shall be available only —

(a) in respect of materials used for plant construc-
tion and equipment on a one time basis at
commencement of registration and subsequently
only upon the expansion or replacement of the
plant but not including spare or replacement
parts;

(b) on approved raw materials as may be prescribed
by the Minister.

Bond to be
entered into.

15 of 1966, s. 3.

Goods liable to
forfeiture and
penalty of bond
may be
recovered.
Ch. 293.

Payment of
import duties.

21 of 1999, s. 2.

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

7. All vessels entering at any port of The Bahamas
with a cargo consisting exclusively of the building
materials to be used in building, constructing or repairing
any registered agricultural factory, or of machinery, tools,
fixtures or supplies which may be required for the purposes
of the processes carried on at such factory shall be
exempted from the payment of any inward tonnage or light
dues.

8. All vessels clearing from any port of The
Bahamas with a cargo consisting exclusively of
agricultural or marine products to which this Act applies,
manufactured, preserved, packed or otherwise prepared for
export in any registered agricultural factory shall be
exempted from the payment of tonnage dues.

9. The officers of the Customs Department, the
Commissioner of Police and any non-commissioned officer
of the police force deputed by him, shall have free access
at all reasonable times to every registered agricultural
factory and it shall be lawful for such officers at all
reasonable times to enter such factory and to stay and
remain therein and to have free access to every part
thereof, and to inspect the stock book, for the purpose of
ascertaining whether the several articles admitted duty free
under this Act have been or are in the course of being duly
used and applied to the uses and purposes specified in the
bond given in respect thereof.

10. It shall be lawful for the Minister —
(a) to make rules prescribing the particulars of an

agricultural factory to be supplied for the
purposes of obtaining the written approval of the
Minister and also for the purposes of registration
and generally for carrying into effect the objects
of this Act;

(b) where any bond is required to be given under
this Act, to authorise and direct the Comptroller
of Customs or other chief officer of a port to
accept the bond of any guarantee company,
association or society approved by the Minister
in lieu of two good and sufficient sureties.

Exemption from
the payment of
inward tonnage
or light dues.

Exemption from
payment of
outward tonnage
dues.

Certain other
officers to have
free access to
registered
agricultural
factories.
41 of 1936, s. 2.

Rules, etc.

41 of 1936, s. 2;
50 of 1961, s. 5;
51 of 1963, s. 5.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

11. (1) Any owner of a registered agricultural
factory who —

(a) fails or neglects to keep a stock book as required
by this Act;

(b) omits to enter therein such particulars as he is
required by this Act to enter;

(c) neglects to produce the same when requested so
to do by any officer of the Customs Department
or the Commissioner of Police or any non-
commissioned officer of the police force
deputed by him,

shall be liable to a penalty of eighty dollars.
(2) Any person who impedes, obstructs or otherwise

interferes with any officer of the Customs Department, the
Commissioner of Police or any non-commissioned officer
of the police force deputed by him while acting in the
execution of any duty imposed by this Act shall be liable to
a penalty of forty dollars.

12. All penalties imposed by this Act shall be
recovered in a summary manner before a magistrate having
jurisdiction in the place where the offence is committed in
the manner prescribed by law in this behalf.

13. Nothing contained in this Act shall apply so as
to derogate from the operation of the provisions of the
Business Licence Act.

Offences.
41 of 1936, s. 2.

5 of 1987, s. 2.

5 of 1987, s. 2.

Recovery of
penalties.

Derogation.
21 of 1999, s. 3.
Ch. 329.