Land Management Authority Act, 1973

LAND MANAGEMENT AUTHORITY ACT CHAPTER 58:01 Act 2Oofl973 Amended by 35 of 1973 6 of 1980 CurrentAuthorised Pages Pages Authorised (inclusive) by L.R.O. 1-17 111991 L.R.O.1I1991 Note on Subsidiary Legislation This Chapter contains no Subsidiary Legislation. CHAPTER 58:01 LAND MANAGEMENT AUTHORITY ACT ARRANGEMENT OF SECTIONS SECTION PRELIMINARY 1. Short title. 2. Interpretation. ESTABLISHMENT AND MANAGEMENT OF THE AUTHORITY 3. Establishment of the Authority. 4. Objectives of the Authority. 5. Control of Authority. 6. Appointment of Board of Management. 7. Meetings of the Board. 8. Members to disclose their interests. 9. Publication of names of members in Gazette. 10. Appointment of Manager. 11. Duties ofManager. 12. Board may employ officer and servants and agents. 13. Funds and resources of the Authority. 14. General financial provisions. 15. Reports. 16. Authority may make loans. 17. Interest payable on loans. 18. Security required by the Authority. 19. Recall ofioan misapplied. 20. Borrower to maintain insurance premiums. 21. Release of mortgages or bills of sale. 22. Exemption from stamp duty. 23. Exemption from income tax. MANAGEMENT AND DEVELOPMENT OF FARMS 24. Powers and functions of the Authority. 25. Selection Committee. 26. Selection oftenants. L.R.O.1Il991 SECTION MISCELLANEOUS 27. Obstructing officersof the Authority. 28. Sales. 29. Regulations. 30. False statements. 31. Misapplication of loans. 32. Secrecy. 33. Statements accounts. 34. Failure to send in returns. 35. Penalties. 36. Salaryof Chairman, CHAPTER 58:01 LAND MANAGEMENT AUTHORITY ACT AN ACT to establish a Land Management Authority for Dominica 20 of 1973. and for purposes connected therewith. [7thJune 1973] PRELIMINARY 1. This Actmay be cited as the LAND MANAGEMENT AUTHORITY ACf. 2. In thisAct "Authority" means the Dominica LandManagement Authority estab­ lishedby section 3; "agriculture" means theuse ofland foranypurpose of husbandry, and thegrowing andprocessing ofvegetables, rootcrops, fruits and otherfarm products andincludes thebreeding andgrowing of livestock, forestry or fisheries; "Board"meansthe Boardof Management appointed undersection6; "Chairman"meansthe Chairman of the Board; "land" meansagricultural land,or landusedprimarily for thepurpose of processing or marketing theproduce of agriculture; "Manager"meansthe Managerappointed undersection10; "Minister"means the Ministerresponsible for Agriculture. ESTABLISHMENT AND MANAGEMENT OF THE AUTHORITY 3. (1) Tbereisherebyestablished abodycorporate tobecalledthe DominicaLandManagementAuthority andservice ontheAuthority of anynotice, orderorotherdocument shallbe executed bydelivering the sameorbysendingitbyregisteredpostaddressed to theManagerofthe Authority at its head office. Commencement. Short title. Interpretation. Establishment of the Authority. L.R.a. /11991 Objectivesof the Authority. Control of Authority. Appoinbnent of Board of Management. [35of 1973J. (2) The Authority shall have power to hold land and other property of whatever kind, real or personal and in particular for the purposeof fosteringagricultural development in Dominica. (3) The Authority shallhave a headofficein Roseauand shall have perpetualsuccessionand an officialseal. (4) The sealof the Authority shallbe kept in the custodyof the Manager. 4. The objectives of the Authority shall be (a) to developproperlanduse in Dominicain Stateownedand privatelyownedlands; (b) to borrow funds and makeloans to farmers; (c) to administerthe finances relatedto the creation and man­ agementof farms,andtheimprovementof farminfrastruc­ ture; (d) to providetrainingfor farmers; (e) to purchaseland for the creationof economicfarm units; if) to assistin promotingthe development of agriculture in the State; (g) to assist in the marketingof farm produce. 5. In pursuanceofits objectives theAuthority shallbegovernedby a Board of Management which shall consist of seven members, who shallsubjecttoanydirectionsgivenbytheMinisterdeterminethepolicy and direct and control the officersof the Authority. 6. (1) The Ministershallappointon suchterms andconditionsas he may determinea Chairmanand sevenother personsto be members of the Boardof Management of the Authority. (2) The persons appointed under subsection 6(1) shall hold officesfor a periodnot exceedingtwo yearsandshallbe eligiblefor re­ appointment to the Board;but nosuchpersonshallholdofficefor more than two consecutive periods. (3) The personsappointedat subsection6(1) may resignfrom theBoardbyforwarding aletterto thateffectto theMinisterthroughthe Chairmanof the Board. (4) TheMinistermayterminate the appointment of a member of the Boardappointed under subsection 6(1)if the memberis guilty of misconduct in relation to his duties. or is absent. excepton leave granted bythe Boardfrom three consecutive meetings of theBoard.or ifhe failsto carryoutanyof thedutiesconferred onhim underthis Act. 7. (1) TheBoardshallmeetatleastonceeveryquarterandatsuch Meetings of Ihe othertimesas maybe necessary orexpedient for thetransaction of the Board. business of the Board. (2) TheChairmanshall.within sevendaysofthereceiptbyhim of a requestin writing addressed to him by any four members of the Board. call a specialmeeting of the Board. (3) If theChairman refuses to convene a specialmeetingof the Boarduponrequest asaforesaid or neglects to convenethemeetingas requested. a special meeting of the Board may be convened by the members makingthe request. (4) IntheeventoftheabsenceoftheChairmanoroftheDeputy Chairman from a meeting. the members of the Boardpresent at the meeting shall appoint oneof theirnumber to presideas Chairman and thememberso appointed shall.forthatmeeting. haveallthepowersof the Chairman. (5) A quorum ofthe Boardshallbe any fourmembers. (6) The decisions of the Board shall be taken by a simple majority of the votes of the members present, and in addition to an original vote in any case in which the vote is equal. the Chairman presiding at a meeting shall have a casting vote. (7) TheBoardmayactin theperformance ofits duties notwith­ standing any vacancy in its membership. 8. (1) Any member of the Board whose interest is likely to be Members 10 affected whetherdirectly orindirectlybyadecision oftheBoardonany ~::~:~.lheir matterwhatsoever. shalldisclosethe nature of his interest at the first meeting oftheBoardatwhichheis present afterthe relevant facts have cometo his knowledge. (2) A disclosure under subsection (1) shallbe recorded in the minutes of that Board meeting and after the disclosure the member making it shall.unlessthe Boardotherwise direct. not be presentat or takepartin thedeliberation or voteat anymeeting of the Boardduring the time whenthe matteris beingdecided by the Board. L.R.O.1I1991 Publication of names of members in Gazette. Appointment of Manager. [6ofl980]. Duties of Manager. Board may employ officer and servants and agents. Fundsand resources of the Authority. 9. Thenamesof all members of the Boardas firstconstituted and every change in the membership thereof shall be published in the Gazette. 10. The Minister may on such terms and conditions as he may determine appointa fit and properperson to be Manager and may, in makingtheappointment, appoint theChairman to be Manager; andthe Minister may whenappointing a Chairman undersection6(1)appoint the samepersonto be both Chairman andManager. 11. (1) The Manager shall be the chief executive officer of the Authority and shall be entrusted with the day to day management, direction and control of the business of the Authority in all matters whicharenot by thisActor by Rulesor Regulations madethereunder specifically reserved to bedonebythe Authority; andshallbe answer­ ableto theAuthority forhis actsanddecisions. Heshallattendmeetings of the Authority but shallnot have a vote. (2) Alldocuments otherthanthoserequired by lawto beunder seal,andalldecisions of theAuthority maybesignedunderthehandof the Manager. (3) The Minister may, afterconsulting the Authority, appoint anyqualified personto act temporarily in placeof the Manager duting the absence of theManager through illness,orinability from anycause arising. 12. (1) Subjecttosection10,theBoardmayappointandemploy at suchremuneration and on suchterms andconditions anyindependent contractor, agent, officeror servant as may be deemed by it necessary for the efficientperformance of the business of the Board. (2) The Board may require any officer or servant employed underthissectiontogivesecurity toitssatisfactionforthedueexecution of his duties. 13. The funds and resources of the Authority shallconsistof ­ (a) such sumsas may be provided annually for the purpose in the Estimates of Revenue andExpenditure of the State; (b) all sumsfrom timeto timereceived by or falling dueto the Authority in respect of the repayment of any loanmadeby theAuthority andtheinterestpayable in respect ofanysuch loan; (c) moneys earned or arising from any property investment, mortgages and debentures acquired by or vested in the Authority; (d) any property, mortgages, debentures or investments ac­ quired by or vested in the Authority; (e) sums borrowed by the Authority with the approval of the Minister; if) sums advanced out ofthe Consolidated Fund for use by the Authority in the carrying out of its functions; (g) all other sums or property which may in any manner become payable to or vested in the Authority. 14. (I) Every sum payable to the Authority shall be collected and Gen~,," [mandai received for and on account of the funds of the Authority. Receipts for provisions. sums paid to the Authority may be signed by an officerofthe Authority authorised by resolution of the Board generally or specifically in that behalf. (2) All paymentsoutofthe funds ofthe Authority shall be made by two ofthe following persons ofwhom the Chairmanmustbeone, that is, the Chairman, the Manager, or a Directornominatedby the Board for that purpose. (3) The financial year of the Authority shall coincide with the financial year of the Government of Dominica. (4) The Authority shall cause to be kept proper books and accounts and the accounts shall be audited annually by auditors who shall be appointed by the Board each year. (5) Notwithstanding anything contained in subsection (4) the Ministermay, in his discretion, at any time require the DirectorofAudit to examine the report on the accounts of the Authority, and the Authority shall provide the Director of Audit with all necessary and appropriate facilities for the examination. (6) The Authority shall make such provision for the safe keeping of its funds as may be approved by the Minister. (7) Officers of the Authority generally or specifically author­ ised in that behalfby resolution of the Board may retain in their hands sums to meet petty disbursements or for immediate payments in accordance with the terms of the resolution. .L.R.O.1Il991 Reports. Authority may make loans. Interest payable on loans. (8) Subjectto theprovisionsof thisAct andof anyRegulations made thereunder, the Board shall have power by resolutionto provide for all mattersof administration andprocedurewith regardto the funds of the Authority. 15. (1) The Authority shall, within three months after the end of each financial year, cause to be made and to be transmitted to the Minister (a) a report dealing generally with the operation of the Authorityduringthe last preceding financialyear; and (b) a copy of the annual audited statement of accounts certifiedby the auditors. (2) TheMinistershallassoonaspossibleafterthe receiptofthe report and the annual audited statementof accounts (a) cause a copy of the report together with the annual auditedstatementof accountsthereonto be laid before the House of Assembly; and (b) causeacopyoftheannualauditedstatementofaccounts to be publishedin the Gazette. 16. The Authoritymay (a) make loansto selectedfarmersfor thedevelopmentof their holdings; (b) make loans to selectedfarmersto constructhouseson their farms. 17. (1) The Authorityshall require interest to be paid on all loans granted by it on the outstandingbalancesof the principalsas at the first day of each month from the date of issue to the date of full settlement (2) The rateofinterestshallbe determinedfromtimeto timeby the Board with the approvalof the Minister. (3) Every borrower shall be requiredto pay simple interest on defaultedpayments at a rate notexceedingoneper cent per annumplus the rateof interestpayableon principalmoneynot in arrearsand to pay whendueall assessments, taxesandotherchargesfor thesecurityof the Authority in respect of the loan and to effect such insurance as the Authoritymay require;andif anychargesreferredto abovearenot paid when due, the borrower will be consideredin default under the mort­ gage, and the chargesmay be paidby the Authorityandcharged to the borrower with interest thereon at the rate for defaulted payments; but wherethe Board considersit just andequitable so to do the penaltyon defaulted paymentsmay be remitted, 18. (1) The Authorityshall only grant a long term loan where the Security requi~d securityoffered is a lien or a mortgageon the land of the borrower. In by the Authonty. addition, the Authoritymay require furthersecurity by (a) assignmentof the benefitof an insurancepolicy to the Authority; (b) insurancepolicyon thelife of aborrowerandthe estate ofthe assuredborrowernamed thebeneficiaryon such insurance policy; (c) a mortgage on other property; (d) assignmentto the Authority of Government securities or anyother securitiesguaranteedby the Government (2) The Authorityshall requiresecurityformediumtermloans and short-term loans as follows: (a) a mortgage; (b) a bill of sale; (c) an insurance policy on the life of the borrowerand the estateoftheassuredborrowernamedthebeneficiaryon such insurance policy; (d) suchothersecurity(includingendorsements) asmaybe acceptableto the Board; (e) other sufficient and easily realisablesecurity. (3) In thecase of short-termloansto aco-operativesocietyany member to whom part of the loan has been distributed shall sign an agricultural or industrial financingcontract with the society and shall guaranteehis loan with a firstlienon thecropsor industrial productfor whichit has been obtained. This contract, together with a promissory note signed by the member, shall be endorsedby the society in favour of the Authority. The procedureprescribedin this subsectionshallnot absolve a co-operative society from its collectiveliability to repaythe whole of the loan to the Authority. L.R.O.1J1991 Recallof loan misapplied. Borrower to maintain insurance premiums. Releaseof mortgages or bills of sale. (4) TheAuthoritymaygrantloansonmortgages ofagricultural andlivestockproducts where (a) the loan is guaranteed by a first lien on the mortgaged products and by any other assets the Authority may require; (b) the mortgaged products, duly insured, are stored in a bondedwarehouse. or in awarehouse underthecontrol of the Authority. (5) The maximum amount that may be loaned against mort­ gagedproperty shallbe as follows: (a) on land,buildings andotherimprovements of aperma­ nent nature the loanshall not exceedseventy-five per cent of the value of the mortgaged property as deter­ minedby the Authority; (b) on movable assets, including boats,vehicles and live­ stocktheloanshallnotexceedsixty-six percentof the valueof the mortgaged property as determined by the Authority; (c) onagricultural andlivestock products purchasedby co­ operative societies theloanshallnotexceedeightyper centof the valueof the mortgaged products. 19. Wheneveritcomes tothenoticeoftheBoardthataloanhasbeen appliedto a purpose whichis not in accordance with the purpose for whichtheloanwasgranted, theBoardshallhavethepowerto recallthe loan forthwith, and the borrower shall accordingly repay the loan togetherwiththeinterestaccrued todateof recall. Therecallshallinno wayprejudice anycriminal proceedings whichmaybeinstituted under section31. 20. Whenever the Authority accepts an insurance on the life of a borrowerassecurity foraloan,it shallbeincumbent on theborrower to maintainthe premium on the insurance until the time as the loan for whichit is held as security has been fully paid. 21. When a loan has been fully repaid, the Authority shall release any mortgage, bill of sale,or other security in suchmanneras may be required by law. 22. Notwithstanding anything contained in the Stamp Act, every Exemption from instrumentto securea loan andeveryinstrumentevidencingdischarge ;;::8~;r of the loan, shall be exempt from the paymentof stamp duty. 23. Notwithstanding anythingcontainedin theIncomeTaxAct,the Exemption from income of the Authorityshall be whollyexempt from the paymentof ;;.,,:,:;~~. income tax. MANAGEMENT ANDDEVELOPMENT OF FARMS 24. The Authority shall have the following powers and duties: Powers and functions of the (a) subjectto suchdirectionsasmaybe givenfromtimeto time Authority. by the Minister, to havecontrol and supervisionof all that portion of the Newfoundland Estate, recently acquiredby theGovernmentandofanyotherlandsacquiredbyGovern ment for farm development and handedover to it; (b) subjectto the provisionsof this Act,to do all suchthingsas arenecessaryorconvenientforthepurposeofachieving the objectivesof this Act and performing the duties and func­ tions conferredor imposedon it by this Act; (c) with theapprovalof the Minister, to borrowmoney andto acquireproperty,real,personalormixed,tangibleor intan­ gible, and to hold,operateanddisposeof anypart thereof; (d) to acquire and import machineryand materialsnecessary and essential for carryingout the purposesof this Act free of duty or taxes of any kind; (e) throughthe Board,to preparetenancyagreements andtofix the rentals of the farmerin respectof his holdingsof land under the control of the Authority; (f) to undertaketheacquisition,lease, saleorotherdistribution ofland; (g) toraisefinanceandprovidemanagementandcontrolforthe developmentof farms; (h) to selectand train farmersandimpartthemethodsof sound land use and good husbandry on the estate; (i) to clear land, to plant crops and to rear livestock, and to provideadviceandextensionWOlX amongtenantsoccupy L.R.O.l/1991 Selection Committee. Selectionof tenants. Obstructing officersof the Authority. ing farms in the second year of the fann development programme; (j) to grantpermission to farmers to build residences on their holdings; (k) to take all steps necessary for ensuring that tenants use efficientfanningmethods; (I) to undertake suchotherthingsconnected withthedevelop­ mentofland as the Minister mayfrom time to timedirect. 25. (1) TheBoardshallappointaSelectionCommittee tointerview and selecttenantfanners for a farm development plan. (2) The Selection Committee shall consistof fivemembers as follows: (a) a member of the Boardwhoshallbe Chairman; (b) the ChiefAgricultural Officer; (e) the Commissioner of Lands; (d) a nominee of the Caribbean Development Bank; (e) oneotherpersonappointedbytheMinisterfrom among persons with a practical knowledge of agriculture. 26. (1) Tenantfarmers shouldbeselected from amongpersons who are ordinarily resident in Dominica and who are between the ages of eighteenand forty-five years. (2) Tenant fanners should have attained the equivalent of the ptimary schoolleavingcertificate and shouldhave at least four years experience in practical farming, preferably in the growing of bananas and citruscrops. (3) Tenantfarmersmustcompleteacourseoftrainingprescribed by the Boardin cropproduction and mustundertake to work full time on their farms. MISCELLANEOUS 27. Anypersonhindering orpreventingorcausinganyotherperson to hinder or prevent any officer of the Authority from making any valuation or inspection required under this Act, whetherby force or threator in any manner, is liableon summary conviction to a fine of sevenhundredand fiftydollars or to imprisonment for three months. 28. Exceptasotherwiseprovided. anysaleoflandshallbebypublic Sales. auction subjectto a reserve priceto be fixedby the Boardandshallbe conducted in accordance withthe practice in forcein salesby public auction for the collection of debtsdue to the Government. 29. (1) TheBoardmaymakeRegulations subjecttotheapproval of Regulations. the Minister, for all or any of the following purposes: (a) prescribing courses of training for tenantfanners; (b) prescribing methods of fanningandthecrops thatmay be grownon landsunderthe Authority'scontrol; (c) prescribing methods of disbursements or of the secur­ ing and repayment of loansmadeunderthis Act; (d) prescribing the periods within which loans may be madeand willbe repayable underthis Act; (e) prescribing theformstobeusedforthepurposes of this Act,including formsofmortgage andmemorandum of dischargeorreceipt, theform ofnotificationofacharge against landorcropsin respect of whicha loanis made underthisActandtheform ofagreementforrepayment of a loan to be enteredintoby tenantfanner; if) prescribing themethods of inspection, assessment and valuation to be employed for the purposes of thisAct; (g) prescribing the conditions to be observed in the settle­ mentoffanners; (h) prescribing a scale of legal charges to be made in connection withmortgages tosecureloansmadeunder this Act; (i) prescribingbooks andaccounts tobekeptbythetenants and by the Authority andas to the auditthereof; OJ prescribing the termsand conditions to be includedin tenancy agreements; (k) providing for anymatters whichareauthorised by this Act to be prescribed; L,R.O.1Il991 False statements. Misapplication of loans. Secrecy. (I) forregulating thehoursof business andtheadministra­ tion of the Authority; (m) generally for thepurpose ofcarryingouttheprovisions of thisAct. (2) Regulations madeunderthissectionshallcomeinto effect whenapproved by the Minister and gazetted. 30. Anypersonapplying tobe a tenantfarmer whowilfully failsto disclose anymaterial informationwithinhisknowledge orwhowilfully makesanystatement whichhe knows to be false or doesnotbelieveto be true is liableon summary conviction to a fineof sevenhundred and fifty dollarsor to imprisonment for six months. 31. (I) Any personwho applies any loan or part thereofmade to him under the provisions of this Act to any purpose other than that authorised by the Board under this Act or any Regulations made thereunder is liableon summary conviction to a fineof sevenhundred and fifty dollars or to imprisonment for six months. (2) The onusof proving the mannerin which a loan has been appliedshall be uponthe persons to whom the loan wasmade. 32. (I) Exceptin so far as maybe necessary, for thedue perform­ ance of its objects, everyofficerand employee of the Authority shall preserve andaidinpreserving secrecy withregardto allmatters relating to the affairsof the Authority that may cometo his knowledge in the courseof his duties. (2) Anyofficeror employee whocommunicates anymatterto any person other than a member of the Board or any officer of the Authority authorised in thatbehalfby the Chairman, or whosuffers or permitsanyunauthorised persontohaveaccessto anybooks, papersor records relating to the Authority is liableon summary conviction to a fine of seven hundred and fifty dollars and to imprisonment for six months. (3) NomemberoftheBoard,officeroremployeeoftheAuthority shall be required to produce in any courtany bookor document or to divulgeor communicate to anycourtanymatterorthingcoming under his noticein theperformance of hisdutiesunderthis Actexcepton the directionof the court in so far as may be necessary for the purpose of carryinginto effect the provisions of this Act. 33. AnymemberoftheBoardoranyofficerorauditorwhoknowing Statements it to be false in anymaterial particular accounts. (a) verifiesanystatement, account or reportof the Authority; or (b) causes to be delivered or transmitted any such statement, account or report, is liableon summary conviction to imprisonment for two years. 34. Anypersonto whom aloan hasbeenmadeunderthisAct,and Failure to seud iu whofails to supply any returnor information demanded by the Chair- returns. man with regardto the application of the loan,or any security for the loan. shall be guiltyof an offence. 35. Any personguiltyof an offenceagainst this Act for whichno Penalties. penaltyis providedis liable on summary conviction to a fine of one thousand five hundreddollars andto imprisonment for sixmonths. 36. Notwithstanding anything to thecontrary in anylawcontained Salary of the Board shall paymonthly towards the salary of the Chairman such ~a~';"t:731. sumas may be approved by the Minister. L.R.O.lI1991