COCOA INDUSTRY BOARD ACT

ARRANGEMENT OF SECTIONS

   1   Short title

 

Preliminary

   2   Interpretation

 

Establishment and Functions Board

   3   Establishment and constitution of the Board

   4   Incorporation

   5   Functions of the Board

   6   Restrictions on purchase and export of cocoa

   7   Offences

   8   Regulations

   9   Cess

   10   Minister may issue general directions in matters of policy

   11   Appeal to Minister from decision of the Board

   12   Funds and resources of the Board

   13   Borrowing powers

   14   Guarantee by Minister of borrowings by the Board and repay merit of sums issued to meet guarantees

   15   Accounts and audit

   16   Annual report and estimates

 

Miscellaneous

   17   Procedure at meetings

   18   Power to delegate

   19   Appointment of officers and servants

   20   Protection of the Board

   21   Protection of members of the Board

   22   Remuneration of members

   23   Minutes receivable in evidence

   24   Exemption

 

THE COCOA INDUSTRY BOARD ACT

[Date of Commencement: 1st August, 1957]

<IN:LF:0,RT:1.64514,FI:0>Laws
21 of 1957,
61 of 1958.

<IN:LF:0,RT:1.64514,FI:0>Acts
41 of 1963,
3 of 1965,
42 of 1969,
2 of 1991.

1   Short title

<IN:LF:0,RT:1.64514,FI:0>   This Act may be cited as the Cocoa Industry Board Act.

Preliminary

2   Interpretation

<IN:LF:0,RT:1.64514,FI:0>   In this Act, unless the context otherwise requires-

   "Board" means the Cocoa Industry Board established by this Act;

   "the former Board" means the Cocoa Marketing Board constituted and appointed under the Cocoa Marketing Law (hereby repealed);

   "chairman" means the chairman of the Board and includes the acting chairman;

   "cocoa" means the fruits of the Theobroma Cocoa and its allied species, whether in the pod or pulp or separated, and whether cured or uncured, ripe or unripe, wet or dry or fermented or unfermented;

   "cocoa product" means any article the principal constituent of which is cocoa;

   "cocoa dealer" means a person authorised by law to purchase or sell cocoa:

[2/1991 s 2(a).]

   "cocoa works" means any plant, machinery, appliances, mills or apparatus, whether similar to the foregoing or not, and any premises, used for fermenting, curing, drying, cleaning, processing or preparation for sale of any cocoa beans or for the manufacture of any cocoa product;

   "export" means export from the Island to any place outside the limits of the Island;

   "financial year" means the twelve months ending on the 30th September in any year;

[41/1963 s 2.]

   "member" means a member of the Board and includes the chairman;

   "Minister" means the Minister responsible for the cocoa industry;

   "nominated member" means a member appointed upon the nomination of a body authorised by this Act to nominate a member;

   "nursery" means any place, nursery or propagator used for the production or cultivation of cocoa plants or cocoa seedlings;

   "purchase" includes exchange or barter whether for goods or services and any agreement or contract of purchase, exchange or barter;

   "sell" includes exchange or barter whether for goods or services and any agreement or contract to. sell, exchange or barter.

Establishment and Functions of Board

3   Establishment and constitution of the Board

   (1) There shall be established for the purposes of this Act a body to be called the Cocoa Industry Board.

   (2) The Board shall consist of seven members appointed in manner following, that is to say-

   (a)   four by the Minister of whom one shall be appointed by the Minister to be the chairman;

[3/1965 s 2(a).]

   (b)   three by the Minister, being persons actively engaged in the growing of cocoa and selected from a panel of five persons nominated by the body which the Minister recognizes as representative of the growers of cocoa.

   (3) The appointment of every member of the Board shall be evidenced by an instrument in writing, and such instrument shall state the period of office of the member which shall not exceed three years.

   (4) Every member shall be eligible for reappoint-

   (5) If the chairman is granted leave of absence in accordance with the provisions of subsection (11), or is unable to act, the Minister may appoint a person, whether or not such person is already a member of the Board, to act temporarily in the place of the chairman.

   (6) If a nominated member is granted leave of absence in accordance with the provisions of subsection (11), or is unable to act, the body by which he was nominated may nominate a suitable person for appointment by the Minister to act temporarily in the place of such member.

   (7) If any member other than a nominated member is granted leave of absence in accordance with the provisions of subsection (11), or is unable to act, or has been appointed to act as chairman, the Minister may appoint a suitable person to act temporarily in place of such member.

   (8) Any member of the Board, other than the chairman may at any time resign his office by instrument in writing addressed to the Minister and transmitted through the chairman and, upon the date of the receipt by the chairman of such instrument, such member shall cease to be a member of the Board.

   (9) 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 the receipt of such instrument.

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

   (11) The Minister may, on the application of any member, grant to such member leave of absence for any period not exceeding six months.

   (12) Any member of the Board shall be deemed to have vacated his office if-

   (a)   he becomes insane; or

   (b)   he is adjudicated a bankrupt or makes any composition or arrangement with his creditors; or

   (c)   by instrument in writing addressed to the Minister through the chairman of the Board, or, if he is the chairman of the Board, by instrument in writing addressed to the Minister, he tenders his resignation as a member of the Board.

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.