Roseau Market Act (Cap. 20:08)

Lft ff.:, V.l' UVH'.l.ll'U~ft ROSEAU MARKET ACT CHAPTER 20.08 Act 21 of 1971 Amended by 17of1982 35 of 1986 Current Authorised Pages Pages Authorised (inclusive) byL.R.O. 1-32 111991 L.R.O. 111991 2 Chap. 20:08 Roseau Market Index of Subsidiary Legislation Roseau Market Bye-Laws Roseau Market Order Page 16 32 Roseau Market Chap. 20:08 3 SECTION ROSEAU MARKET ACT ARRANGEMENT OF SECTIONS PART I PRELIMINARY 1. Short title. 2. Interpretation. PART II ESTABLISHMENT AND MANAGEMENT OF THE MARKET 3. Establishment of the market. 4. Appointment of officers. 5. Powers and functions of the market authority. 6. Vesting and property rights. PART III MARKETS AND SLAUGHTER HOUSES 7. Closing of existing market. 8. Notice of opening of Roseau Market. 9. Sales elsewhere than in the market prohibited. 10. Market days. 11. Slaughter houses and detention stations. 12. Inspection of animals. PART IV FINANCIAL AND LEGAL 14, RPmnnPr:itinn nf thP :mditnr 15. Funds of the market. 16. Application of funds. 1 Dn 111001 4 Chap. 20:08 C'T:',....,...,.,..-..... ; ~D'....-!.!.V.!~ 19. Bye-laws. 20. Regulations. Roseau Market 21. Offences and penalties. PARTY MISCELLANEOUS 22. Article to be weighed. 23. Frauds as to weighing. 24. Penalty for taking greater tolls. 25. List of tolls, etc., to be put up. 26. Penalty for obstruction. 27. Payment of dues. 28. Repeal. SCHEDULE. Roseau Market Chap. 20:08 5 (' H A ~Tl( K 'Zl t IIX ROSEAU MARKET ACT AN ACT to provide for the establishment and management of the 21 of 1971. Roseau Market and for purposes connected therewith. [29th July 1971] Commencement. PART I PRELIMINARY 1. This Act may be cited as the ROSEAU MARKET ACT. 2. In this Act "cattle" includes ram, ewe, wether, lamb, goat, kid or swine; "collector" means any person appointed under this Act to collect, or any person duly authorised to collect, any rents, stallages, tolls or dues prescribed; "fresh meat" means the fresh meat of any cattle slaughtered for sale; "the market" means the place appointed as the Roseau Market under this Act, and all buildings, works, sheds, covered and open spaces and grounds comprised therein, or any buildings, works, sheds, covered and open spaces and grounds subse quently acquired for the purposes thereof; Short title. Interpretation. [35 of 1986]. "market authority" means the Dominica Export and Import Agency established under the Dominica Export and Import Agency Ch. s2:01. Act. "market committee" means the committee appointed under this act; "marketable commodities" means any tresh meai, pouitry, eggs, hsh, turtle, ground provisions, vegetables, fruiis and such other commodities as specified from time to time under section 20(1) (I}; ,., ,.,...,,.,. ••• ,.,,.. ...,., • • • ,.,.,,, " - ,..,., - - '"'..,.,..,,. • ,.. . ••• ...... ,., •• u.•o - • • . . • • • • - • • •·• • •• • - - •••&..a 1 D n 111001 6 Establishment of the market. Schedule. Appointment of officers. Chap. 20:08 Roseau Market DA DT ii ESTABLISHMENT AND MANAGEMENT OF THE MARKET 3. (1) A market to be known as the Roseau Market is established in the area described in the Schedule. (2) The management and control of the market is hereby vested in the market authority. (3) Markets shall be held in the area described in this section on such days and during such hours as the market authority may from time to time fix by Bye-laws. 4. (I) The market authority may, subject to the approval of the Minister, and on such terms and conditions as he may approve, appoint (a) a market superintendent; (b) an assistant market superintendent; (c) such inspectors as it considers necessary. (2) The market authority may appoint such other staff as it considers necessary. (3) The duties and responsibilities of any person appointed under this section may be specified in any Regulations or Bye-laws made under this Act. Powers and S. (1) The market authority shall have the following powers and functions of the duties : market authority. [35 of 1986]. ( a) subject to such directions as may be given by the Min ister from time to time, to have complete control and supervision of the market, its properties and activities; (b) subject to the provisions of this Act, todo all such things ....... "'-""" - ............ ,...,..,... . . .... "" ..... - ... .-..- ...... ~• r- .. i. .... ,,,,. ...,.,.,..,.... ..... J: U-i.'J U.J.\,., H'-'\A.,..::,owJ VJ VVU'f'\.,JU\vlll, .lVA U.l\,, pu1p~h"'-' V.1 exercising the powers and performing the duties and ........................... -- .... ····r······ -- ........ ·; ...... , .... -- ... . rP,o-:trrl tn it~ rr.~nnn~ihiHtiP.~ fnr thP: m::1n:lo-P:mP.nt :lnti ...... .:.. ...... control of the market; ( c) to adopt, alter and use a corporate seal: Roseau Market Chap. 20:08 ( e) Lo enter into co.n.iracts a11d to execute all instruments necessary or convenient in the exercise of its powers under this Act; (f) with the approval of the Minister to acquire property, real, personal or mixed, tangible or intangible, for the purposes of the market, and to hold, operate and dis pose of any part thereof; ( g) to acquire and import equipment, machinery and mate rials necessary and essential for carrying out the pur poses of this Act free of duty or taxes of any kind; (h) to employ by contract such construction and account ing experts or other personnel as may be necessary; (i) to fix, alter, charge and collect or recover such stal lages, rents, dues, tolls and charges for the use of the market as it may from time to time prescribe; (j) to accept grants of any kind from any source; (k) to take measures for the proper sanitation, upkeep and repair of the market; (l) to do all act-; or things necessary or convenient for implementing the purposes of this Act. (2) The market authority may with the approval of the Minister appoint a market committee to carry out such functions and duties under this Act as may from time to time be delegated to it. (3) The membership of the market committee shall comprise of the Chairman of the Dominica Export and Import Agency who shall be Chairman, an officer of the Ministry of Finance, an officer of the Ministry of Agriculture and four other persons appointed to represent the interests of consumers and producers. 6. (1) The Minister may convey to the market authority on such Vesting and terms and conditions as he may think expedient all buildings, works, pr~rty rights. sheds, covered and open spaces and grounds as may be necessary for carrying om me purposes of mis Au. ment of Dominica acquire with funds to be provided by the Minister, or out of such surpius funds as the Minister may approve, any property needed for the purposes of this Act. Any property acquired under this subsection. sh~11 ~ vr>~tPti in th~ MinistPr 11nti his ~11r<'f>~<mrs in offirp .11 .. - • - - -- ,/, \ ...... ·-. -···-· ---•· ....... ······~-.- ............ - ····-----·····~ ................ , ........ . 7 L.R.O. 1Jl991 8 Chap. 20:08 Roseau Market Closing of existing market. Notice of opening of Roseau Market. Sales elsewhere than in the market prohib ite<I. grounds conveyed to the market authority under this section shall not be conveyed, altered, exchanged, alienated or otherwise disposed of without the written consent of the Minister; and any agreement to convey, alter, alienate or othef',\/ise dispose of any property conveyed to the market authority under this section without the prior consent in writing of the Minister shall be null and void. PART III MARKETS AND SLAUGHTER HOUSES • 7. (1) On a date to be notified by the Minister by Order, the existing market in Roseau, known as the Dawbiney Market, shall no longer be used as a market. (2) Any person who uses the Dawbiney Market as a market, or procures or causes any other person to use the Dawbiney Market as a market after the date prescribed by Order under subsection ( 1 ), is liable on summary conviction to a fine of one thousand dollars and in default of payment thereof to imprisonment for three months and to a further penalty of seventy-five dollars in respect of each day that the offence continues. 8. Before the market may be opened for public use the market authority shall give not less than fourteen days' notice of the date when it shall be so opened, and such notice shall be given by publication thereof in the Gazette or in at least one newspaper published in the State. 9. (1) Subject to any Regulations or Bye-laws made under this Act, or any licence issued thereunder after the market is opened for public use, no person shall sell any marketable commodity in any place in or one mile beyond the limits of the city of Roseau other than in the market, or in parlours or shops. (2) Any person who contravenes the provisions of this section default of payment thereot to imprisonment tor fourteen days and to a furd1er fine of fifteen dollars for every occasion on which such sales take place. Roseau Market Chap. 20:08 section (1) in contravention of the provisions of this section is liable on summary conviction to a fine of thirty dollars and in default of payment thereof to imprisonment for seven days. 9 10. ( 1) After the market has been opened for use by the public, the Market days. sale of goods and commodities of all sorts may take place therein on such days and during such hours as may be fixed by the market authority from time to time. (2) The market authority may whenever it considers it neces sary to do so close the market to use by the public. (3) Whenever possible the market authority shall give at least five days' notice of its intention to close the market by affixing a notice in a conspicuous place in the market. 11. (1) The market authority may make Bye-laws with respect to the management, sanitation and good government and use of any slaughter house and detention station in the city of Roseau or one mile beyond its limits as well as for the feeding and watering of animals taken there and it may by such Bye-laws fix the charges to be made for lairage, for slaughtering, and when necessary, for the destruction of animals therein. (2) Where any owner, agent or servant makes default in com plying with any Bye-laws made under this section which imposes any duty on him with respect to any animal belonging to him, the market authority may without prejudice to its rights to initiate summary proceedings for the breach of such Bye-laws undertake the execution of the duty and the expenses so incurred shall be a debt due to the market authority from the owner or agent or servant. (3) The market authority may recover any expenses arising from any default made by any owner or agent or servant under this section, orunder any Bye-laws made thereunder by summary proceed mgs Defore a Magistrate or by sale of any animai of me owner men in the slaiH•hter house nr detention station. ( 4) Ariy sale under t.liis section sh::i 11 be by public auction after five days' notice published on the premises of the market and the market authority shall apply the proceeds of the sale firstly in or Slaughter houses and detention stations. f. Rn 111001 10 Inspection of animals. Accounts of the market. Remuneration of the auditor. Funds of the market. Chap. 20:08 Roseau Market owner, who for the purposes of this section is the person entered as the owner of the animal in the books of the market authority. 12. (1) The market authority may charge such fees for the inspec tion of the carcass of any animal in the market as the Minister may approve. (2) The Minister responsible for Health may issue to any inspector carrying out duties under this Act such instructions with regard to the inspection of any carcass or other article of food as he may consider necessary and such instructions shall be carried out by the inspectors. PARTIV FINANCIAL AND LEGAL 13. (1) The accounts of the market with all vouchers and papers relating thereto shall in the months of January and July in each year be submitted by the market superintendent to an auditor approved by the Minister for the purpose of being audited from 1st January to 30Lh June inclusive of the current year. (2) If the accounts of the market are found to be correct, the auditor shall give a certificate to that effect and the market superinten dent shall send copies of the accounts together with copies of the auditor's certificate to the Minister and the market authority, not later than seven days of the receipt of the accounts and certificates from the auditor. (3) The market superintendent shall cause a copy of the ac counts as well as of the auditor's certificate to be published in the Gazette, and shall deliver a copy of the same to every person who applies for the accounts on payment of such a fee as may be prescribed. 1.:1 ThP m:irl.Pt :inthnritv c;:h:ill frnm timP tn timP n,:rn rn,t frf"lm thP - - -· - - -----· -----., ------ ···-----· --·---- ~- ----- r-.; --- ------ funds of the market such sum for examining, auditing and reporting on necessary. 15. (1) The funds of the market shall consist of Roseau Market Chap. 20:08 source whatever; (c) such other sums as the market may from time to time acquire by way of rentals, tolls, dues, charges, licence fees, commissions or as may accrue to the market in the course of its operations. (2) The funds of the market shall be deposited in such bank as the Minister may approve. 16. (1) The funds of the market may be applicable towards the Application of funds. payment of (a) salaries and other remuneration of the market superin tendent and the other officers, servants or agents of the market; (b) expenses of prosecuting offenders against this Act or any Bye-laws or Rules or Regulations made thereun der; ( c) the expenses of maintaining, managing, laying out, repairing, renovating, draining, cleansing and lighting the market; ( d) the expenses of auditing the accounts of the market as required under this Act; (e) all sums payable by the market under any judi:,rment of any court of law; (f) all sums payable by the market by way of the repayment of the principal moneys or interest on any loan; ( g) the expenses generally of and incidental to the carrying out of the provisions of this Act, and the expenses generally of and incidental to the carrying out of any provision of the Public Health Act or any Act replacing 15 of 1968 that Act or any other law imposing duties on the market • ..,.1-..!,..,.1-., ,.... f-n.:1 .-..,., ,......,.~,:h~......--.• nJ.J..J\.,lJ. \.,-.lU,UJ..l. \.,,.l\..l-""'J..1Ull,UJ.V, /h l :ill <.:nm<.: n:iv:ihlP fnrlhP :wcmi<.:itinn nn'.<:t~rvation or :il terailon oi any bmiumgs, wurk.s, sil(:u:s, coverca or UiJCii ~v«~c~ Ui 51uu11U:, ui U1ti 1iidiA.tii.. (2) In case the funds are more than sufficient for the purposes ,, fo=~1i(:i th" re1 1rpl11-, -,h,,11 l::w'> invpc;,t,vl in ,mrJ, f!!in1nPr :ic;, thP Mini<.:tPr 11 L.R.0.111991 12 , !.!.!!•·~ !.U. r·•· . . .I.H~V a.pp1v"Y\.,u. bank. Borrowing powers. Bye-laws. Chap. 20:08 Roseau Market to be paid into the bank approved under section 15(2) as often as is practicable before the closing hours of that bank except such sums as he may be authorised by the market authority to retain in hand to meet immediate payments. 18. The market authority may with the approval of the Minister borrow sums of money on such tenns as it may consider necessary for carrying out the purposes of this Act. 19. (1) The market authority may make Bye-laws for all or any of the following purposes: (a) for regulating the use of the market and directing the manner of occupying and using the several stalls, stands, tables, sheds and places thereir and the charges to be paid therefor; (b) for prescribing or approving the use, patterns and de scriptions of the scales to be used by occupiers of stalls, stands, tables and places in the market; ( c) for prescribing the conditions subject to which the several stalls, stands, tables, sheds and places in the market shall be held, occupied or used by persons hiring or using the same; ( d) for imposing on persons using the stalls, stands, tables, sheds and places of the market such duties as the market authority may consider necessary for ensuring that the stalls, stands, tables, sheds and places occupied by them, and all blocks, axes, saws and other implements or instruments and scales used by them arc properly cleaned and kept clean; ( e) for regulating the use of weighing instruments belong ino- tn thf". m::irk-f"t nrns:Pli in thP. m::irk-pt• ::inti fnrnrP.vPnt-. , - - - - - - - . - -- -- - -- - - - - . . - - ' - . -- - r - - ing the use of false or defective weights, scales or (j) for r-egulatlng the hours of sale, as well as the grade an.ct quality of marketable commodities offered for sale in the market; Roseau Market Chap. 20:08 sale any marketable commodity; (h) for preventing nuisances or obstructions in the market and the immediate approaches thereof; (i) for maintaining order, and preventing disturbance in the market arising from disorderly conduct, and for removing disorderly or unauthorised persons there from; (j) for excluding and removing from the market any per son suffering from any infectious or contagious dis ease; (k) for prescribing the measures to be taken by vendors of marketable commodities in the market in order to protect such commodities from contamination by flies, dust or otherwise; ( l) for adding to the list of marketable commodities; (m) forthe good government of the market, and for carrying into effect its powers and duties under this Act. (2) Bye-laws made by the market authority shall come into operation when approved by the Cabinet and published in the Gazette; and may impose penalties on offenders. (3) Copies of Bye-laws made under this Act shall be exhibited in a conspicuous place in the market. 20. The Minister may make Regulations (a) prescribing any financial or other procedure to be adopted by the market authority and requiring any returns and reports to be made by the market authority; (b) imposing duties or obligations on the market commit tee, the market superintendent or other officers, ser '1llnt" nr !lCJPntc;, nf thP mllrl.Pt !lnthnritv· . .,..,. -- -c,----... -- --- --------- -~--------,; J ( r. l nrescrihin11 the nrincinlcs to he followed hv the market aumorny 1n me exercise or us powers ana n.mcuons ·- ..i - . ... 'i ~ - .. - .. UIH..lt:f LHlS ~..:..:.•~l; ( d) placing restrictions or limitations on the exercise of the 13 Regulations. L.R.0.111991 14 Offences and penalties. Article to be weighed. Frauds as to weighing. Penalty for taking greater tolls. List of tolls etc., tnhPnnt nn . - - - C -·- -·c· Penaliy for obstruction. Chap. 20:08 Roseau Market ever it is thought necessary to do so; (f) regulating, increasing or reducing the membership composition of the market committee; ( g) generally for the better carrying out of the provisions of this Act. 21. Any person offending against the provisions of this Act, or against any Regulations or Bye-laws made thereunder is, where no penalty is provided, liable on summary conviction to a fine of seven hundred and fifty dollars and in default of the payment to imprisonment for three months. PARTY MISCELLANEOUS 22. Any person selling or offering for sale any article in the market shall if required to do so by the buyer cause the same to be weighed or measured by the weights and scales provided or approved by the market authority; and any person who refuses on demand to cause the article to be weighed or measured in the manner aforesaid is guilty of an offence. 23. Any person who knowingly acts or assist in committing any fraud respecting the weighing of any article is guilty of an offence. 24. Every collector who demands or receives a greater toll or charge than that authorised to be received under this Act is guilty of an offence. 25. The market superintendent shall cause a list of the several rents, staiiages, charges, toiis or dues to be printea m large letters ana set up in a consnicuous nlacc in the markel :lb. Any person who hinders, assaults or obstructs the market superintendent, or any collector or other person authorised to perform imy dnty ii, thP m:irlcPt npri~r this ,Ac! ('r 1J'1d'?r ?n~, Rt?gu!atlO!".S '}f Bye Roseau Market Chap. 20:08 in respect of the use of the market shall be paid, at such times and in such manner as the market authority may prescribe, to the market superin tendent or any person appointed or authorised by the market authority or the market superintendent to receive the same. (2) If any person liable for the payment of any stallage, rent, due, toll or charge does not pay the same when required by the market superintendent or any other person duly authorised to receive the same, the market superintendent or person so authorised may recover the same by seizure and immediate sale of a sufficient part of any market able commodity in the market which belongs to the person liable to any such stallage, rent, due, toll or charge, or the same may be recovered as a debt due to the market authority in any court of competent jurisdic tion. 28. (1) Any Actorlaworanypartof any Actorlawinconflictwith Repeal. this Act is repealed with effect from the date of opening of the market in keeping with the provisions of section 8. (2) Those sections of the Roseau Town Council Ordinance Cap. 1~9. (since repealed by Roseau City Council Act) or any Regulations or g:"i5~;/ Bye-laws made thereunder dealing with markets, or with the sale of marketable commodities in the city of Roseau are hereby repealed. 15 SCHEDULE (Section 3(1)). MARKET AREA All that area on the banks of the Roseau River bounded as follows: North-West:The Roseau River Sout.1-i~East: Laing L&11e South-West: The Sea L.R.0.111991