Fisheries Marketing Corporation Act, 1977

4) INSTITUTIONAL PROVISIONS 5) §UPPLEMENTARY LEGISLATION (a) Fisheries Marketing Corporation Act 1977, as amended 1 n 1980. 1. (~ )Ulis Ac.t may oe cited as the Fish Marketing Corporation Ac.c, 1977, aod shall come 1n to force on such date as the Hinist:er m.a.y, by notice in the Cazette, appoint. ( 2) !his Act shall be read as one t.Jith the Fisheries Ac.t, 1977, or any reS',llations made undQr ehat Ace and shall be carried out to comply with the purposes and oolicies prescribed under the Fisheries· Act, . .1977. 2. In this Ace, u;.less the coru:e..itt othet"lolises requires, t:he terms and phrases defined in the Fisheries Ac.t, 1977, shall have the same meaning as assigc.ed to them under that Act, and in addition : "Board" ~.ans the :Board of the Corporation ; "Chain:ian'' means the Chairman of the Board ; "Coc:cerc:ial fishing operations" means any comnercia.l fishing veoture carried out in The Ca.-..bia by local or foreign interests and includes any industrial or tra ditional fishing by local or foreign fishings vessels, a:ny aquaculture establish. ~ent, and any export fish processing esta.blish:raent; "1-iinister" means the H.ini:1ter for the time being responsible for the ad:t.inistra. eion of chis Act. 3, There is hereby established a body corporate which shall be known as the Fish Marketing Corporation which shall have perpet:ual 5uccession and which may sue or be sued in its own name. 4 •. The £unctions of the Corporation shall be : (a) to engage in the business of distribution and marketing of fish and fish pro ducts and to provide secure m.arketing outlets for fisheries in The Gambia, and in particular for traditional fisheries ; ( b) ~o develop and regulate export markets for fish and fish products from The Gam bia ; ( c) to engage in commercial fishing operations ( d) to engage in the processing of fish·: 5. 'lbe Corporation shall have the power generally to do all things reasonably necessary or incidental to the discharge of its function under section ·4 and shall, in particular, have the powQr 6. ( a) to construct and operate cold stores, marketing facilities and processing esta blishments ; (b) to purchase or const:ruct, operate and supply fishi~ vessels ; (c) to enter into any contract, includin8 contracts for the supply of fish, the tn.arketing of fish products and any m.anagement contract ; (d) t.Jith the approval•of the Hin.i.ster, to enter into any equity participation or other joint venture arrangement 'Ioli.th any local or foreign enterprises ; (e) to acquire, hold, sell, transfer, dispose of or otherwise deal vith any real or persoru,.l propercy, (f) to purchase, sell or contract to hire vehicles in connection with the carrying on of its business ; (g) to invest the moneys of the Corporation in accordance with the directions of the Board; ( h) to borrow money for the purpose of fulfilling any of its functions ; ( 1) to make.loans to persons or enterprises on com:necial terms during the co~rse of its operations ; ( j) vitb the approval of the Minister, to sell or otherwise transfer all or any part of its business o= any share thereof to any person, eott1pa.ny, cooperative or other group of persons on such cerni~ and conditions as ro.ay be appropriate. (repealed) 7 • (1 ) No pe:r:son shall export: from '.C::.: Gambia any f:L.sh or fish p:r:oducc:.s c.xc:.e.pi; ; (a) fish or fish products which are the property of the Corporation; or (b) fish or fish products, the export of which has been permitted in w-riting by the Corporation ; and then only to such places and in such quantities and at such prices as the Corporation shall from time to ti~e permit in writing.· (2) My person who concravenes the provisions of chis sec~ion.shall be guilty of an of!e shall be llable to a fine not exceeding five tbousar~Dalasis or to imprison :3. : ( 1) ( 2') ment for a terni n.ot exceeding one year, or to boc.h. The operations of the Corporation shall be controlled by a Board consisting of the follo~ng members, who shall be appointed by the Minister (a) a chairman; · (b) a Managing Director, vho sh.all be a person having considernble eomnercial experie and competence ; (c) the Perm.anent Secretary of the Hinistry of Agriculture and Natural Resources or h representative ; ( ct) one r!l.l!lllber nominaced by t:he Naeional Invest:m.ant: l3oa:r:d ; (e) not more than three other members, of whOt'I\ at least two shall be persons having CO!tllllercial experience.: E.:lcb ~ember of the Boa.rd sh.all, unless he sooner resigns or his appoint:ment is revo ked, hold office for such period of time as may be specified in the instl:'\.m:l&nt of appointment:• The Board, vich che approval of the Minister, ma.y determine the amount of salaries, remuneration or allo""3.nc~s 1£ any, to be paid to the Chail:'man or any other member of the Board, and suc.h salaries, remunerations or allowances sh.all be paid out of c.he funds of the C.Ot?oracion. Where any member of the Board is temporarily incapacited fr001 performing his funct1c by reason of his absence from 'l'he Gambia or illness or any ocher cause, the Minister tn.lY appoLnc an.ocher person to hold office in his place, and suc.h person shall have all the powers of the member uncil such time as che member is again able to perforlll his ducies. Where the Chair::::..an is for any reason unable to attend a meet1ng ot the Board, the Board ro..iy elect one of its member to act as Qlairman for the duration of that m.eetir 9, Any member of the Board shall cease co be a member if (a) he becomes of unsound mind ; (b) he is declared insolvent or bankrupt ; (c)· he is guilty of serious misconduct in connection W'ith his duties as a Me.tci:>er of the Board or if he is convicted of a serious crilllinal offence. 10, (1) ( 2) ( 3) (4) Toe Board shall meet at such times and places as the Chait'l"ll..ln may determine or c the request of at: least one third of the member, of c.he Board : The Chain:.an and chree other members shall form a quorum : The decisions of the Board shall be by majority vote, and, in the event of a ti, V!;)te,,thc Ch4ir::nan shall have a casting 'V'0ta in addition to his oriiinal voe~. Toe Chairt::.a.n shall preside at all meetings of the Board, where subsection (5) of section 8 of this Act aoplies •· 11, l y me::tbcr of the Ilo.:1rd \rho has any interest, directly or indirectly in any concr.ict or other matter in '1-m.ich the Corporation is involved, shall disclose chc nacure or h1.s interest to the Board ~~d sh.:111 be disqualified from participatine in any deliberations or voting of the Board on such contract or m.:1cc:cr. · 12 •, ··nie Board shall ado:,t its own rules of procedure. 13• The Hanaging Director shall be the Chief Executive of the Corporation and shall be res ponsible for the day co day administration and manaze.menc: of the business of the Cor poration, subject to the general direction of the Bo.1rd. 14• (~) The Board may .:1ppoint suc::.h officers and other em;:,loyees as it tn.'lY consider neccs s3ry for the efficient conduct of the business of the Corpor.:1tion, upon such ter:::is and c.ondi tions of service as it may think fit • (2) The arpoint:ment by the Bo~rd of persons os err:;:,loyees or officers of the Corporacion in respect of any post the r:i.axirour.i salary attached to \lhich exceeds D 5,000 per annum and the terms and condition of service of such e::::ployecs or officers shall be subject to the prior a:.:,proval of the l!inister •. (3) S-ibject t:o t:he provisions of subsection (2) of this section, t:he Managing Direccor shall be responsible for all aspect:s of ~ersoMel matters, and shall be accounc.:i ble t:hcrefor to t:he Board. 15. 'Di.c Corporation sh.ill at all times conduct its affairs on A COtllfflCrcial basis anq in 'J accordance with sound commercial principles. 16. (1) The funds and .:isset:s of the Corporation shall consist: of : (a) moneys earned by t:h~ Corporation in t:he discharge of its funct:ions under sec tion 4 ; 17. (b) r.ioneys earned or .:1risin8 f1:'om .:iny investrcent:.s made by t:be Corporation in accor dance with the provisions of section 5; (c) sums borrowed by the Corporation in aee.ordanee 'I.rich the provisions of section 5 (h) or t:he proceeds of any sale.or transfer under scact:ion 5(j); (d) such fixed .:ind other .:1ssats as m.::iy transfcr1:'cd.to the ownership of t:hc Corpo r.ition ;. (e) such sums as o.:iy be appropriated to the Corporation by P3rlimuent: as capital, or as may be furt.hcr appropriate.dee it from t:ime to time as necessary •. (2 ) There sh.ill be paid out: of t:hc funds of the Corporat:ion. (a) all expenditures (including capital expenditures) incurred by t:he Corporation in the perforr...:i.ncc of it:s functions and in the course of its business trans.:ic tions ; (b) money:, £or t:hc rcp.:i]"lllant: of any loan m4de t:o the Co~oracion in accordance ,Tith t:he provisions of section .5 • (J) The funds of t:he Corporat:ion shall, in so far as they are not required t:o be ex pended for the purposes of its day to day operat:io~•, be inVGated.in aueh ma.n.ner as the .Board m.ay direct. (2) (3) 'Ihe Corporation sh~ll keep proper books of ~ccount and ocher records in respect of its operat:ions .:ind shall prepare st~texuents of acc.ounts as the end of each fin.:incial year • 'Di.e account:s of the Corporation sh.all be audit:ed each yc~r by the Audit:or C<:!ne ral or by an independent AUd1t:or appointed by the Board with the approval of the Hinist:cr responsible for financial matters 1 At the end of ench financlal year and as soon as t:he accounts of t:he Corporac:ion have been audited I the Board shall tr.:msmit co the Uinistcr. 11 copy of the st:at:cmcnc: of .:1ccounts of the Co::poration in such form as the l:ilnister may require, together with a copy of ~ny cor:rnents or observations thereon ~~de by the auditors. (1) The Board shall at: t:hc end of each fin.:1ncial year subclt .:1 report t:o the Hinistc on c:he acr:::ivic:ics of the Corpor.H:ion, Lncluding the opcr:1t!o11s of any c:ortl{-lnnics in vhieh 1.t hos eciuity pAr1t:1c:1('lntion, in such .form 45 the Hini.sccr may require. (2) The tttnistcr sholl l;.1y the st:.itcn1cn1: of 11c:counts and .mnu.-.l rcpon. o! the Cor. porac:ion before P~rli=cnc. 1 9 • (1 ) Any per son vho c:onc::-.::vencs .:ny rirovi sions of this Ac:1: oT .iny regulations rn.1dc undc: :his Act sh~ll uc r;uilc:y of an offence ~nd sh.ill if no ,~cc.1f1c: penalty ,s ?rescribi&~ nnder this Act or any regul&tione made undor this !ct or under tho Fisher ies Ace, 1977, or ony regulac:iona m:.idc under th.it Act, be liable to .i fine not t!!!Ci?cdin3 t~,o choua:ind D..'ll.:isis or to Lnpri•ot'l1114n.e ~f' a term. not: exeeedii:i.s •ix u,oi:i.c:.ha, or to bot:h. · (2} t-.ny second or aubscqucnc:. offence ::ic:1inst this Ac:.t or nn7 l:C:.!;J'l.ations ~it t:hcreundcr .shall be punishoblc by a fine not c::cc:cdin3 c:wice the x.iount prescribed for the · first suc:h offence or by imprisonment for :. c.c:rt:1 n ot c::c:.cc:ding three years, or co both. 2C' •. Tha Coti,orat:ion i:; i:c-;-c1Jy c~;=;,c from .:l.l :,=ovi::iions o! c.'lc Inc.omc: T-1;; ,\Cc:, i.1.ch c~c c::ccr,cion of :.cccio.i.::: 4G(::) ::.nd s:::(2). :?l. Th<:! ;:,rovisi.ons of e.hi!: Ace. :::h:ill be in ndd·i.cion eo and nor:. in derogar::ion of c:i1<:? rr-o vi:sions of the Fi. s;,cri c=:. !\et, 1977, :md ~ny ocher /\ct. 21 •. The Ilo::rd may "it:h the: .:ip:,rov;:il of enc Uinisccr, make rc:,.sl.,cions ,:cmcr.illy foi: cha proper and eff1c:icnc i1!'Lr,Lcmc:ntacion of t:hc: provi•ioaaand :,l.lr:,oscs of this Ac:.t, .:ind 'm:iy in :-,:i::-r.:icular and W'it:hou: flt'Cjudicc co the ::;cnc::r.:.lity of the forc:;oinc, IN:lk.e rei;ul:u:;ions for t i\C fo \.l. OVl.l'\f: f)Utj>O SC S ; (.:> co dcvalor, or.;:ini..::c, .ind ::i.::in.isc t:hc m..arkecing and ui.:.c:J:ibution of fish ,md fish produces for dor,1cscic:: .:ind forc:.tn Nrhecs ; (::,) to pre.1.:ribe cl:c: conditions, forms, .ind procedures 0£ a:,plieacion !or any Hccn cc, rc=ir:. or oc:her document rc~uir~d by th• C.01:'?or~tion to e~n-y ou<: ics ltec~ sine funccioru umier chis Acr: a~d chc fisheries Act, 1977 ; (c) co rcgulacc ::n<.I '.')l.:!c:e c:ondi::ions Ori the c::i,ort: 0£ fi::h .-ind fish :,roducc:i:. (b) The Ports Act, 1972 (No. 21 of 1972) * Title only/Titre seulement