Planning Institute of Jamaica Act

PLANNING INSTITUTE OF JAMAICA THE PLANNING INSTITUTE OF JAMAICA ACT ARRANGEME” OF SECTIONS 1. shorttitla 2. Interpretation. 3. Fhtablishment and constitution of Institute. 4. Functions of the Institute. 6. Power of Institute to delegate functions. 7. AppOiartment of the Director-General and other O&CM and e r = vant& 8. Pensions grauities and other retiring benefits. 9. Funds of the Institute. 5. PolicydirectioM. 10. Accounts and audit. 1 1. Annual report and estimates. 12. Regulatlonr. 13. Exemption from customs duty. 14. Exemption from income tax, stamp duties and transfer tax. SCHEDULE. [Tfie inclusion of this page is authorized by L.N. 25/1985] PLANNING INSTITUTE OF JAMAICA 3 Ad 20f m4. THE PLANNING INSTITUTE OF JAMAICA ACT 1. This Act may be cited as the Planning Institute of Ja- short title. maica Act. 2. In this Act- Inter petation. “Director-General” means the Director-General of the Institute appointed under section 7; “functions” includes powers and duties; “the Institute” means the Planning Institute of Jamaica established under section 3. 3.-(1) There is hereby established a body to be called mtabiirh the Planning Institute of Jamaica which shall be a body oonnitution corporate to which the provisions of section 28 of the In- d h d t u k terpretation Act shall apply. matt and (2) The provisions of the Schedule shall have effect SCMUIC as to the constitution of the Institute and otherwise in rela tion thereto. 4.-(1) The functions of the Institute shall include- Functionr of th4 Inrtitute. (a) initiating and co-ordinating planning for the eco nomic, financial, social, cultural and physical development of Jamaica; and (b) monitoring the implementation of plans so initiat ed or co-ordinated; (c) undertaking resear& (d) traininginplanning; (e) undertaking consultant activities for Government Ministries, agencies and statutory bodies; [Ths hcluriOn of thin page ir authorized by L.N. 25/198Sl 4 PLANNING INSTITUTE OF JAMAICA (n maintaining a national socio-economic reference (g) managing technical co-operation agreements and library; and programmes. (2) It shall be the duty of the Institute to (a) advise the Government on major issues relating to economic and social policy; (b) interpret decisions on economic and social policy and integrate them into the national development programmes; (c) prepare economic models for the guidance of policy-makers, investors and other planners; (d) assess existing and projected social, economic and manpower resources and formulate plans for the most effective use of such resources; (e) co-ordinate national, regional and sectorai de velopment planning in order to facilitate the con sistent and efficient implementation of projects and programmes; (f, determine the economic, financial and technical feasibility of new development projects and monitor projects s i n progress; @) be instrumental in stimulating national develop ment and in securing public co-operation and par ticipation in achieving planned objectives; (h) collect, compile, analyse and monitor special and economic performance data. (3) For the purpose of discharging its functions under the Act, the Institute may, subject to the provisions of this Act, do anything and enter into any transaction which, in the opinion of the Institute, is necessary to ensure the per formance of its functions. iaclw&m of (bir piqo k d o d d by LN. 2S/198Sl 5 PLANNING INSTITUTE OF IAMAICA 5.41) The Minister may, after consultation With the POW directions. Director-General, give to the Institute such directions of a general character as to the policy to be followed by the Institute in the discharge of its functions as appear to the Minister to be necessary in the public interest and the Institute shdl give effect to such directions. (2) The Institute shall furnish to the Minister such information as he may require with respect to the activities of the Institute, and shall afford to him facilities for verify ing such information in such manner and at such times as he may reasonably require. 6.41) The Institute may, by instrument in writing and power of subject to such conditions as may be specified in the in- wt,, strument, delegate to any person any of the functions ex- hmctiom ercisable by the Institute by virtue of the provisions of this Act. w m t a to (2) A delegation under this section shall be revocable, and no delegation shall prevent the exercise by the.Institute of any of its functions. (3) Any person to whom a delegation is made under this section shall furnish to the Institute from time to time such information as the Institute may require with respect to the exercise of any of the functions so delegated. 7.41) There shall be a Director-General of the Institute e t amodmd orhar olucem mtl. who shall be appointed by the Minieter. (2) The Director-General shall be in charge of the day (3) The Institute may appoint and employ at such remuneration and on such terms and conditions as it thinks fit, such officers and servants as it thinks necessary for the proper carrying out of the provisions of this Act and who to-day management and operation of the Institute. t’Ilm inclurkn of 4th pam L by LN. 2S/l98Sl 6 PLANNING INSTITUTE OF JAMAICA have the necessary minimum qualifications required by the Institute for the performance of the functions to be per formed : Provided that (a) no salary in excess of the prescribed rate shall be assigned to any post without the prior approval of the Minister; (6) no appointment shall be made without the prior approval of the Minister to any post to which a salary in excess of the prescribed rate is assigned. (4) In subsection (3) the prescribed rate means a rate of $15,000 per m u m or such higher rate as the Minister may, by order, prescribe. (5) The Governor-General may, subject to such con ditions as he may impose, approve of the appointment of any officer in the service of the Government to any office with the Institute, and any officer so appointed shall, during such appointment, in relation to pension, gratuity or other allowance, and to other rights as a public officer, be treated as continuing in the service of the Government. Pdonr, tics .nd Other ratirino W t a 8. The Institute may, with the approval of the Minister (a) enter into arrangements respecting schemes, whe (b) make regulations, ther by way of insuranm policies or not; for medical benefits, pensions, gratuities and other retiring or disability or death benefits relating to employees of the Institute and such arrangements or regulation8 may include provisions for the grant of benefits to the dependants and the legal personal representatives of such employees. ~ m d r of the 9. The funds and rcsource~ of the Institute shall consist hh of [Ths bdurkn of tbt - ir aurborhed bj L.N. 25/198Sl PLANNING INSTlTVTE OF JAMAICA 7 I U 4 (a) such sums as may from time to time be placed at its disposition by Parliament; and (b) all other moneys and other property which may in any manner become payable to or vested in the Institute in respect of any matter incidental to its functions. l@.-(l) The Institute shall keep accounts and other re- Aocounts and 8udit. cords in relztion to its business, and shall prepare annually a statement of accounts in a form satisfactory to the Min ister, being a form which shall conform with established accounting principles. (2) The accounts of the Institute shall be audited annually by auditors appointed by the Institute and approv ed by the Minister. (3) The financial year of the Institute shall end on the 31st day of December. 11.-(1) The Institute shall, within three months after the end of each financial year, or within such longer period --tea. as the Minister may in special circumstances allow, cause to be made, and transmit to the Minister a report dealing generally with the activities of the Institute during the pre ceding financial year. (2) The Minister shall cause copies of the report to gether with copies of the statement of accounts and the auditor’s report thereon to be laid on the Table of the House of Representatives and of the Senate. (3) The Institute shall, before a date specified by the Minister, submit to the Minister for his approval, estimates of revenue and expenditure for the ensuing year. reqofl .nd @ 12. The Minister may make regulations generally for m donr giving effect to the provisions of this Act, and without p r e me inchdon of th&~ p.le 38 authorhd by LN. 41 / 1m 8 PLANNING INSTITUTE OF JAMAICA judice to any such general power, may make regulations pre scribing anything required to be prescribed by this Act. memption 13. No customs duty or other similar impost shall from be payable upon any article imported into Jamaica, or taken du L . 3 out of bond in Jamaica, by the Institute and shown to the 93~/1986. satisfaction of the Commissioner of Customs and Excise to be required for the use of the Institute in the perfor mance of its functions under this Act. Exemption from we W. income tax. 14.-(1) The income of the Institute shall be exempt from 8-P transfer tax. dutia and (2) The Institute shall be exempt from stamp duty on all instruments executed by it or on its behalf. (3) There shall be exempt from taxation under the Transfer Tax Act any transfer by the Institute of property belonging to it or of any right or interest created in, over or otherwise with respect to any such property. 9 P U N N I N G INSTITUTE OF JAMAICA SCHEDULE (sectian 3) 1. m e Institute ehall d t of tba d such ddi- cwrtitutlon tional directions not being 1esa than eix nor morc than d&t ~II the of wtute. Minister may from time to time appoint. 2.41) The directors shall be appointed by ths IbWster bY hu&u- Appoint ment of Mredon. m a t m writing. (2) A directo~ other than the Director-* rhru W w to the provisions of this Schedule, hold ofice for ruch paiod not bb less than three nor more than five yean, as the Minirter mr direct in the instrument appointing tha director and each diroctar rhan k W b k for mappoWmcnt 3. The Minister may appoint any pcnon appearias to him to hve kt ing the qualifications necessary for appomtment to act m-y in the appoint place d anyditectorinthe cascoftheabcnceut mabilitytoact-* of mch director. 4. Any director other than the D i r a c t o r ~ may at my time ~cdgno resign his office by instrument in wMng addm88d to the Director General who shall forthwith came it to be forwarded to the Mhd8ter and upon the date of the rccei by the Minister of mch iartrPment the dinctorshallaase to hold & . 5. The Minister may terminate the appointment of any person as Revocation of appoint- Director-General or dircotor if such person menb. (a) becomes of unsound mind or becomes permanently unablo to @) is convicted and sentenced to a term of imprisonment (c) fails without reasonable excuse to carry out any of the hmctions (d) cngaps in such activities aa am reanonably conaiderad pre 6. The appointment. removal or resipation of any directot shall be of appornt ments. 7. The Minister may, on the application of any director, grant leave kW of absence. 8. The Institute shall pay to the Director-General and each dirtctor R tion of d.ircctorl. 9 .41) The Seal Of the hStitIl& shall be kept h the custod Of sat md the Director-General or of any officer of the Institute a u t h o d by axecutim of the Institute in that behalf, and shall be affixed to instruments pursuant documents. to a resolution of the Institute. in the presence of the Dirwtor-0 or any other director authorized to act in that behalf, and the mxetary thereof. (2) The seal of the Institute shall be authenticated by the signa ture of the secretary. perform his functions by reason of ill health, conferred or imposed on him under this Act; or judicial to the interest of the Institute. notified in the Gatctte. of absence to such director. such remuneration and allowances as the Minister may & [Tht inclusion of this paw is authorized by L.N. 2~/198s] 10 PLANNING INSTITUTE OF JAMAICA DhclOSlUCl d intercat. Protsction of htitute. (3) AU documents other than those required by law to be under seaI, made by, and all decisions of, the Institute may be signified under the hand of the Director-General or any other director or officer of the Institute authorized to act in that behalf. 10.41) The Institute shall meet as often as may be neces or ex dient for the transaction of its business and such meetings s% be determine. (2) The Director-General may at any time call a spccial meating of the Institute; and shall call a special meeting to be held within seven days of a written request for the purpose addressed to him by any two directors. (3) The Dkqctor-General shall preside at meeting8 of the Insti tute. and if the Director-General is absent from a meeting the directors present shall elect one of their number to preside at the meeting. hed r at such places and times and on such day4 as the Institute may (4) Tho quorum of the Institute shall be three. (5) The decisions of the Institute shall be by a majority of votes, and in addition to an original vote the Director-General or other -!or Presiding at the meeting shall have a casting vote in any case in whch the voting is equal. (6) Subject to the pr0Visi011~ of this Schedule tho Institute may regulate its own proceedings. 11. A director who is directly or indirectly htemted in any matter (a) shall disclose the nature of his interest at a meeting of the (b) shall not- take part in my deliberation or decision of the Insti which is b e i i dealt with by the Institute Institute; and tute with respect to that matter. 12. "he office of a director, other than the Directof-General, shall not be a public office for the purposes of Chapter V of the Constitution of Jamaica. 13. No act done or proceeding taken under this Act shall be ques (U) of the existence of any vacancy in the directorship of, or any tioned on the ground defect in the constitution of the Institute; or p%a hclusion of this page is authorimd by L.N. 25/1989] PLANNING INSTITUTE OF JAMAlcA 11 (b) of any omission, defect or irregularity not affecdng the merit8 of the case. 14.+1) No action, suit or other p- shall be fidc in the cour8e of canyin8 out the proddon8 of thir Act. stituted personally against any director in respact of any of the provisions of this Institute (2) Where any dimtor is exempt from liahh by rwon only graph, the Institute &be liable to the extent that it would be s"" ' that director were a gcrvaat nl agent of the b c l h of tht page k authoriz6d by L.N. 25/1985)