Cotton Export Ordinance (Cap. 265)

2467(CAP. 265Cotton Export CHAPTER 265. CO1TONEXPORT. 7/1934. 3/1935(28th June, 1934.) 1. This Ordinance may be cited as the.. Cotton Export Ordinance. Short title, Interpretation ~ 2. In this Ordinance "~ciation" means the West Indian Sea Island Cotton Association (Incorporated); "Committee" means the standing committee appointed by the Administrator hereunder ; "cotton" means clean cotton lint; "export certificate A " means an export certificate showing the amount of cotton which the exporter named there on has been authorised to export hereunder and the quantity he shall be allowed to hold in the hereunder prescribed area ; "export certificate B" means an export certificate showing the amount of. cotton which the exporter named thereon has been authorised to export after production of satisfactory evidence to the Committee by such owner that such cotton has been sold and is being exported for direct sale ; "prescribed area" includes the U cited Kingdom and the continent of Europe and such other areas as the AdIninistrator may from time to time prescribe by proclamation. "prescribed form" includes such forms as the Administrator may, from time to time, diiect to be used ; ¥.c"prescribed quantity" means for the year 1934, 360,000 lb. of cotton and thereafter such quantity as the Adminis trator in Council fro~ time to time shall prescribe byproclamation; . 2468 CAP. 265) Cotton Export. Standing Committee. ) 3. (1) The Administrator may appoint a Committee of two Government Officials and one unofficial member, two mem bers of which will form a quorum. (2) The Administrator may request the Committee to con sider and report to him, inter alia, upon the following subjects (a) applications received for exporter's licences and export certificates A and B ; (b) the allocation or reallocation of prescribed quanti ties amongst the exporters ; ( c) the approval of transfers and cancellations of export certificates ; (d) such other matters upon which the Administrator may ask their advice. ! Exporter's licence. 4. The Administrator may grant an exporter's licence to any person upon the production of such evidence as the Ad ministrator may require, that the applicant is an established and bona fide exporter of cotton. Limitation of exporter. 5. The Administrator, with the advice of the Association or Committee, may prescribe the quantity of cotton which may be exported from the Colony, either by consignment or direct sales in any year. Export certificates. 6.. (1) The Administrator may issue export certificates (A or B) showing the name, address and licence number of the exporter and the total quantities of cotton authorised to be ex:portedthereunder . (2) Sucll certificates shall provide for entries, duly certified by the Treasurer, of all shipments to be made thereon: pro vided that the quantities authorised by certificate A shaM not exceed 360,000 lb. of cotton for the year 1934, and the pre scribed quantity thereafter. Provided further that no certificate B shall be issued by the Administrator until the exporter has satisfied the Committee that the cDtton to be exported there under is a direct sale, and the Committee has recommended that a certificate B shall be issued. Issue of certificate. 7. (1) All applications for export certificates A must be lodged with the Treasurer before a proclaimed day in July of each year (of which 30 days notice shall be given), in the prescribed form in the Gazette. 2469(CAP. 265Cotton Export. (2) Each exporter shall make a declaration in the pre showing furl details of the total amount of cotton .to export. (3) Such detlaration shall also contain an undertaking by that no cotton already sold by direct sale will be in any shipment on certificate A and that should the wish to sell by direct sales prior to export any quantity entered upon a certificate A the exporter will at once the Committee and permit the consequential readjust total quantity of cotton allocated to him for export A. Should any disagreement arise in resp~ct of the total allocation of any exporter and the the prt>visions of section 11 shall apply to the Ord.3/1935. seven days after the proclaimed date, the Council with the advice or recommendations of shall consider all applications correctly lodged the prescribed quantity amongst the exporters. the annua!l allocation has been made, the Ad may re-allocate unexported balances of the pre ..or issue further certificates to individual Issue of Certificate B. for export certificate B may be lodged of the Committee at any time, together with direct sales as the Administrator from time to to require. receipt of such application, the Chainnan shall of the full Committee and consider is approved by the Committee it shall signed by the Chainnan and one member to the Administrator . may, upon receipt 0£ the ~pproved export certificates B as he may deem may issue certificates B under a manner to which certificates A 2470 CAP. 265) Cotton Export. Transfer of export certificate. 9. (1) Any exporter may transfer the whole or any part of his export certificate to any other exporter, with the approval of the Administrator. (2) All applications for transfer must be made on the prescribed fonn of declaration, disclosing full particulars of the transaction; signed by both parties to the transfer and lodged with the Chairn1an. (3) The application for transfer shall be considered by the Committee and forwarded to the Administrator with any recommendations of the Committee. Endorsement of transfer. 10. (1) Upon receipt of the recommendations of the Committee the Administrator, if he approves the transfer, may cause such transfer to be endorsed upon the original certificate or any new certificate issued in consequence of the transfer, and initial such endorsement. (2) The endorsed certificate shall then be returned to the Chainnan for the signatures of the parties to the transfer and at least two members of the Committee. Cancellation of balance of allocation. 11. The Administrator may cancel the balance of any unused allocation of any exporter who refuses or neglects to transfer such unused balance remajning, at the request of the Committee, and re-allocate such balance as he may deem just : Provided that such cancellation shall not be made when the exporter can prove, to the satisfaction of the Committee that he is in possession of a quantity of cotton owned or grown by him sufficient to cover the unexported balance of the allocation authorised by such certificate, which he wishes to delay export- J ing for some date in the future. Export entries on certificate. 12. The Treasurer shall endorse and sign upon the certi ficate of the exporter all exportations of cotton and the balance remaining under the authority of such certificate. Offences. 13. Any person who (1) exports any cotton from the Colony without lawful authority under the provisi~ns of this Ordinance ; or (2) makes any false statement or declaration in con nection with the issue of any transaction connected with this Ordinance. 2471(CAP. 265Cotton Export. shall on summary conviction be liable to a fme of four hundred and eighty dollars or six months imprisonment. Nothing in this section shall prevent a prosecution under any other law, but so that a person shall not be punished twice for the same offence. 1.4. The Administrator may make rules for regulating under this Ordinance, and the fees payable in thereof and such penalties not exceeding twenty-four for any act .or omission committed by any person in Power to make rules. Application of Ordinance. Ord. 3/1935. The provisions of this Ordinance shall only apply to .c ~15.