Cane-Farmers Rehabilitation Board

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Cane-Farmers Rehabilitation Board
CANE-FARMERS REHABILITATION BOARD ACT

CHAPTER 64:06

LAWS OF TRINIDAD AND TOBAGO

Current Authorised Pages
Pages Authorised

(inclusive) by L.R.O.
1–12 ..

L.R.O.

Act
19 of 1961

Amended by
40 of 1970
45 of 1979

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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LAWS OF TRINIDAD AND TOBAGO

2 Chap. 64:06 Cane-Farmers Rehabilitation Board

Note on Subsidiary Legislation
This Chapter contains no subsidiary legislation.

Note on Adaptation
Under paragraph 6 of the Second Schedule to the Law Revision Act (Ch. 3:03) the Commission
amended certain references to public officers in this Chapter. The Minister’s approval of the
amendments was signified by LN 120/1980, but no marginal reference is made to this Notice
where any such amendment is made in the text.

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L.R.O.

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Cane-Farmers Rehabilitation Board Chap. 64:06 3

CHAPTER 64:06

CANE-FARMERS REHABILITATION BOARD ACT

ARRANGEMENT OF SECTIONS

SECTION

1. Short title.
2. Interpretation.
3. Establishment and constitution of Board.
4. Functions of Board.
5. Incorporation.
6. Pools and committees.
7. Procedure and meetings of Board.
8. Power to delegate.
9. Appointment of officers and servants.

10. Regulations.
11. Protection of Board and committees.
12. Protection of members of Board and committees.
13. Remuneration of members.
14. Disclosure by member of Board of interest in transaction with Board

and disqualification from voting, etc.
15. Powers of Minister.
16. Funds and resources of Board.
17. Application of funds.
18. General financial provisions.
19. Accounts and audits.
20. Report.
21. Estimates to be submitted.
22. Offences.
23. Minutes receivable in evidence.
24. Exemption from income tax.
25. Effect of failure to comply with Act or Regulations.

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LAWS OF TRINIDAD AND TOBAGO

4 Chap. 64:06 Cane-Farmers Rehabilitation Board

CHAPTER 64:06

CANE-FARMERS REHABILITATION BOARD ACT

An Act to provide for the establishment of a Board for the
rehabilitation of cane-farmers, to define the powers of
the said Board, and for purposes connected with the
matters aforesaid.

[27TH OCTOBER 1961]

1. This Act may be cited as the Cane-Farmers Rehabilitation
Board Act.

2. In this Act—
“Board” means the Cane-Farmers Rehabilitation Board

established in accordance with this Act;
“cane-farmer” means a person who cultivates sugar canes for sale

or delivery to a sugar manufacturer but does not include a sugar
manufacturer who cultivates sugar canes on his own land;

“committee” means a committee appointed under section 6;
“sugar manufacturer” has the same meaning as in the Cane-Farmers

Incorporation and Cess Act.

*3. (1) There is hereby established for the purposes of this
Act a body to be known as the Cane-Farmers Rehabilitation Board.

(2) The Board shall consist of seven members to be
appointed by the Minister.

(3) The members of the Board shall be as follows:
(a) four members recommended for appointment by the

Trinidad Island Wide Cane-Farmers Association;
(b) two members recommended for appointment by

S.M.A. Limited or its successors;
(c) one member representing the Government.

19 of 1961.

Commencement.
136/1961.

Short title.

Interpretation.

1 of 1965.

Establishment
and constitution
of Board.
[40 of 1970
45 of 1979].

*See section 4 of Act No. 40 of 1970 for validation of acts of Board between 15th December 1968
and 4th November 1970.

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Cane-Farmers Rehabilitation Board Chap. 64:06 5

(4) The Minister shall appoint a Chairman and a deputy
Chairman of the Board from amongst the members of the Board.

(5) A member of the Board shall, subject to subsections (6)
and (7), hold office for such period, not exceeding three years, as the
Minister may direct, but any member of the Board shall be eligible for
reappointment.

(6) Any member of the Board may at any time resign his
office by instrument in writing addressed to the Chairman, who
shall forthwith cause it to be forwarded to the Minister.

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

(8) The appointment of any member of the Board and the
termination of office of any person as a member, whether by death,
resignation, revocation, effluxion of time or otherwise, shall be
notified in the Gazette.

4. (1) It shall be the function of the Board to take such
steps as they consider necessary to increase the production of
canes by cane-farmers—

(a) by establishing tractor and trailer pools in such
parts and for such areas of Trinidad as the Board
may consider necessary; and

(b) by making available tractors and trailers to
cane-farmers from such pools in order to assist
the cane-farmers in ploughing and hauling
their canes.

(2) The Board shall have power, for the purpose of the
discharge of their functions under subsection (1)—

(a) to carry on all activities the carrying on of which
appears to them to be requisite, advantageous or
convenient for or in connection with the discharge
of their functions;

(b) to do anything and to enter into any transaction
that, in their opinion, is calculated to facilitate
the proper discharge of their functions or is
incidental or conducive thereto.

Functions of
Board.

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6 Chap. 64:06 Cane-Farmers Rehabilitation Board

5. (1) The Board shall be a body corporate having a common
seal, with power to hold property of whatever kind.

(2) The seal of the Board shall be kept in the custody of
the Chairman or the deputy Chairman or of the Secretary of the
Board and may be affixed to instruments pursuant to a resolution
of the Board and in the presence of the Chairman or the deputy
Chairman, and of one other member, and the Secretary.

(3) The seal of the Board shall be authenticated by the
signature of the Chairman, or the deputy Chairman, and the
Secretary of the Board, and the seal shall be officially and
judicially noticed.

(4) All documents, other than those required by law to be
under seal, made by, and all decisions of, the Board may be signified
under the hand of the Chairman, or the deputy Chairman, or the
Secretary of the Board.

(5) The Board may sue and be sued in their corporate
name and may for all purposes be described by such name, and
service upon the Board of any notice, order, or other document
shall be executed by delivering the same or by sending it by
registered post addressed to the Secretary of the Board at the
office of the Board.

6. (1) For the purposes of this Act the Board shall establish
as many tractor and trailer pools as they may consider fit and shall
specify the area in relation to which each such pool shall be operated.

(2) Subject to the general control and direction of the
Board, each pool referred to in subsection (1) shall be managed by
a committee appointed by the Board.

(3) The Board may delegate to any committee appointed
under this section power and authority to carry out on their behalf
such duties as the Board may determine.

(4) Each committee appointed under this section shall
consist of—

(a) one person who shall be the manager of
the committee;

Incorporation.

Pools and
committees.

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Cane-Farmers Rehabilitation Board Chap. 64:06 7

(b) four persons nominated for appointment by the
Trinidad Island Wide Cane-Farmers Association;

(c) one person nominated for appointment by the
Minister from amongst persons employed in the
Extension Services of his Ministry.

(5) The Trinidad Island Wide Cane-Farmers Association
shall ensure that the persons nominated under subsection (4)(b)
are representatives of the cane-farmers in the area specified
pursuant to this Act for the operation of that committee.

7. (1) The Board shall meet at such times as may be
necessary or expedient for the transaction of business, and such
meetings shall be held at such place and time and on such days as
the Board may determine.

(2) The Chairman may at any time call a special meeting
of the Board and shall call a special meeting within seven days of
a requisition for that purpose addressed to him by any three
members of the Board.

(3) The Chairman, or in his absence the deputy Chairman,
shall preside at all meetings of the Board.

(4) The Chairman, or in his absence the deputy Chairman,
and two other members of the Board shall form a quorum.

(5) The decisions of the Board shall be by a majority of
votes, and, in addition to an original vote, in any case in which the
voting is equal the Chairman or the deputy Chairman presiding at
the meeting shall have a casting vote.

(6) Minutes in proper form of each meeting shall be kept
by the Secretary and shall be confirmed by the Chairman or the
deputy Chairman, as the case may be, as soon as practicable
thereafter at a subsequent meeting.

(7) The Board may co-opt any one or more persons to
attend any particular meeting of the Board for the purpose of
assisting or advising the Board, but no such co-opted person shall
have any right to vote.

Procedure and
meetings of
Board.

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8 Chap. 64:06 Cane-Farmers Rehabilitation Board

(8) Subject to the provisions of this section, the Board
may regulate their own proceedings.

8. Subject to the provisions of this Act the Board may delegate
to any member of the Board the power and authority to carry out
on their behalf such duties as the Board may determine.

9. The Board may appoint and employ at such remuneration
and on such terms and conditions as they think fit a manager, a
secretary and such other officers and servants as may be necessary
for the proper carrying out of this Act.

10. The Board, with the approval of the Minister may, subject
to this Act, make Regulations—

(a) governing the proceedings of the Board and the
manner and transaction of their business;

(b) prescribing the manner in which documents,
cheques, and instruments of any description shall
be signed or executed on behalf of the Board;

(c) prescribing the circumstances in which members
of the Board or of a committee may receive
travelling and subsistence allowances and fixing
the rates of the allowances;

(d) imposing fees or charges for the use of tractors
and trailers in such cases as may be determined
by the Board;

(e) governing the proceedings and meetings of
committees and the manner and transaction of the
business of committees;

(f) generally for the exercise of their powers and
duties under this Act.

11. No act done or proceeding taken under this Act shall be
questioned on the ground—

(a) of the existence of any vacancy in the membership
of, or of any defect in the constitution of, the
Board or of any committee;

Power to
delegate.

Appointment of
officers and
servants.

Regulations.

Protection of
Board and
committees.

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LAWS OF TRINIDAD AND TOBAGO

Cane-Farmers Rehabilitation Board Chap. 64:06 9

(b) of any omission, defect or irregularity not
affecting the merits of the case.

12. No personal liability shall attach to any member of the
Board or any member of a committee in respect of any thing done
or suffered in good faith under this Act, and any sums of money,
damages or costs which may be recovered against any such member
in respect of any act or thing done bona fide for the purpose of
carrying this Act into effect shall be paid out of the funds and
resources of the Board.

13. The Board shall pay to each member of the Board and
each member of a committee, in respect of his office, such, if any,
remuneration as the Minister may determine and to the Chairman
and to the deputy Chairman of the Board and to each manager of a
committee, in respect of his office, such, if any, remuneration (in
addition to any remuneration to which he may be entitled in respect
of his office as a member) as may be so determined.

14. (1) It shall be the duty of a member of the Board who is
in any way, whether directly or indirectly, interested in a contract
or proposed contract with the Board, to declare the nature of his
interest at the first meeting of the Board at which it is practicable
for him to do so.

(2) A member of the Board shall not vote in respect of
any contract or proposed contract with the Board in which he is in
any way interested, whether directly or indirectly.

15. In exercise of their powers and the discharge of their
function the Board shall conform with any general or special
directions given to them by the Minister.

16. (1) The funds and resources of the Board shall consist of—
(a) such portion of the Sugar Industry Rehabilitation

Fund established by section 3 of the Sugar
Industry Special Funds Act as the Minister may,
from time to time, direct the Board to control and
administer under section 8(2) of the Sugar
Industry Special Funds Act;

Protection of
members of
Board and
committees.

Remuneration of
members.

Disclosure by
member of
Board of interest
in transaction
with Board, and
disqualification
from voting, etc.

Powers of
Minister.

Funds and
resources of
Board.
Ch. 64:04.

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10 Chap. 64:06 Cane-Farmers Rehabilitation Board

(b) all other sums or property that may in any manner
become payable to or vested in the Board in
respect of any matter incidental to their powers
and duties under this Act.

(2) The unexpended balance of the reserve fund kept by
the Comptroller of Accounts under section 11(b) of the Trinidad
Island Wide Cane-Farmers Association (Incorporation and Cess)
Ordinance, shall, upon the coming into operation of this Act be
paid over to the Board by the Comptroller of Accounts and shall
form part of the funds of the Board.

17. The funds of the Board shall be applied towards—
(a) the carrying out of the functions of the Board

under this Act;
(b) the creation of a renewals fund as the Board may

in their discretion consider sufficient;
(c) the creation of reserve funds up to such limits as

the Minister may authorise;
(d) the payment of all expenses authorised by or

incidental to the operation of this Act.

18. (1) Every sum payable to the Board under this Act shall
be collected and received for and on behalf of the funds of the
Board. Receipts for sums paid to the Board may be signed by any
officer of the Board or other person authorised in writing in that
behalf by the Chairman.

(2) All payments out of the funds of the Board shall be
made by officers of the Board authorised by resolution of the
Board generally or specially in that behalf upon vouchers signed
by the Chairman.

(3) Moneys belonging to the Board shall be paid into a
bank or banks approved by resolution of the Board and shall, so
far as is practicable, be so paid from day to day; but officers of the
Board generally or specially authorised in that behalf by resolution
of the Board may retain in their hands sums to meet petty
disbursements or for immediate payment in accordance with the
terms of the resolution.

22 of 1957.

Application of
funds.

General
financial
provisions.

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Cane-Farmers Rehabilitation Board Chap. 64:06 11

(4) Cheques on any banking account of the Board shall
be signed by an officer of the Board generally or specially
authorised in that behalf by resolution of the Board and shall be
countersigned by the Chairman or other member of the Board
deputed by him to do so.

19. (1) Subject to the Exchequer and Audit Act, the
Board shall keep accounts of their transactions to the
satisfaction of the Minister and such accounts shall be
audited annually by an auditor appointed by the Minister.
An auditor so appointed shall be a Chartered or Incorporated
or Certified Accountant.

(2) The members, officers and servants of the Board
shall grant to the auditor appointed to audit the accounts of the
Board under subsection (1) access to all books, documents and
cash of the Board and shall give to him on request all such
information as may be within their knowledge in relation to the
operation of the Board.

(3) As soon as the accounts have been finally audited the
Secretary of the Board shall send to the Minister a copy thereof
together with a copy of any report thereon by the auditor.

(4) The Board may write off bad debts.

20. (1) The Board shall not later than six months from
the end of each calendar year submit to the Minister a
report containing—

(a) an account of their transactions throughout the
preceding calendar year in such detail as the
Minister may direct; and

(b) a statement of the accounts of the Board audited
in accordance with section 19,

together with such other reports as may be required by the Minister
under section 40 of the Exchequer and Audit Act.

(2) A copy of the report together with a copy of the
auditor’s report shall be printed and laid before Parliament.

Accounts and
audits.
Ch. 69:01.

Report.

Ch. 69:01.

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LAWS OF TRINIDAD AND TOBAGO

12 Chap. 64:06 Cane-Farmers Rehabilitation Board

21. (1) The Board shall, on or before the fifteenth day of
January in each year, prepare and submit to the Minister true
estimates of the income receivable and the expenditure to be
incurred during the financial year commencing the first day of
April next following.

(2) The Board shall submit its estimates in the form
required by the Minister, who may approve or amend the estimates.

(3) When the Minister approves the estimates submitted
under subsection (1), whether with or without amendments, he
shall cause the estimates so approved to be published in the Gazette.

22. (1) Any person who makes any statement in any transaction
with the Board or a committee which he knows to be false or does not
believe to be true is liable on summary conviction to a fine of one
thousand five hundred dollars and to imprisonment for six months.

(2) Proceedings for any offence under this section may
be commenced at any time within three years from the date on
which the offence was committed.

23. Any minutes made of meetings of the Board or a committee
shall, if purporting to be duly signed by the Chairman or the deputy
Chairman of the Board or a manager of a committee, be receivable
in evidence in all legal proceedings without further proof and every
meeting of the Board or a committee in respect of the proceedings
of which minutes have been so made shall be deemed to have
been duly convened and held and all members thereat to have been
duly qualified to act.

24. Notwithstanding anything contained in the Income Tax
Act, the income of the Board derived from operations under this
Act shall be wholly exempt from income tax.

25. No failure to comply with the provisions of this Act or the
Regulations thereunder shall prevent the recovery of any sum by
the Board.

Estimates to be
submitted.

Offences.

Minutes
receivable in
evidence.

Exemption from
income tax.
Ch. 75:01.

Effect of failure
to comply with
Act or
Regulations.

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