Rural Agricultural Development Authority Act

RURAL AGRICULTURAL DEVELOPMENT A UTHORITY 1 1. 2. 3. 4. 5 . 6. 7. 8. 9. 10. 10A. 11. 12. 13. 14. 15. 16. THE RURAL AGRICULTURAL DEVELOPMENT AUTHORITY ACT ARRANGEMENT OF SECTIONS Preliminar?, Short title. Interpretation. Establishment and Functions of Authority Establishment of Authority. Functions of Authority. Ministerial directions. Appointment of officers and employees. Financial Provisions Funds. Borrowing powers. Advances and guarantee of borrowings. Repayment of, and interest on, advances and sums issued to meet Exemption from income tax. Accounts and audit. Annual report and estimates. Improvement work on private land. Power of inspection. Notices. Regulations. guarantee. SCHEDULE [The inclusion of this page is authorized by L.N. 88/2003] RURAL AGRICULTURAL DEVELOPMENT AUTHORITY 3 .kl 13 of 1990. THE RURAL AGRICULTURAL DEVELOPMENT AUTHORITY ACT 20 of2002 [ 17th M q , 1990.1 1. This Act may be cited as the Rural Agricultural Shorttitle Development Authority Act. Preliminary 2. In this Act “agriculture” includes any activities relating to horticulture; afforestation; * apriculture; fish-culture; fishing; the development and maintenance of pastures; the cultivation of crops; the keeping or breeding of livestock or poultry, and “agricultural” shall be construed accordingly; “chairman” means the chairman of the Authority; “fbnctions” includes powers and duties; “improvement work” means work of any nature which is likely to enhance the productivity of land, or to reclaim or rehabilitate any land or to remedy, retard or prevent erosion or deterioration of land; “rural areas” means all that part of Jamaica which falls outside of the parish of Kingston as defined in the Counties and Parishes Act. Intsrpreta tion. 1 RURAL AGRICULTURAL DEVELOPMENT A UTHORITY Establi&ment of Authority. Schedule. Functions of Authority. Establishment and Functions of Authority 3 . 4 1 ) For the purposes of this Act there is hereby established a body to be called the Rural Agricultural Development Authority, which shall be a body corporate to which the provisions of section 28 of the Interpretation Act shall apply. (2) The provisions of the Schedule shall have effect with respect to the constitution and operation of the Authority and otherwise in relation thereto. 4 . 4 1 ) It shall be the duty of the Authority to (a) provide an efficient agricultural extension service and participate in the formulation and implementation of appropriate rural development projects with a view to stimulating and facilitating the development of agriculture in Jamaica; (b) encourage and, so far as may be practicable, having regard to the financial and other resources and to the statutory powers of the Authority, to secure the proper economic and efficient utilization of all land in the rural areas; (c) encourage and, so far as may be practicable, having regard to the financial’ and other resources at the disposal of the Authority for such purpose, to assist or to participate in the doing by private enterprise of any improvement work in the rural areas to such extent and in such manner as the Authority may consider expedient; (d) perform such other fbnctions as the Minister may from time to time by order prescribe. (2) In the exercise of its fbnctions under subsection ( 1 ) the Authority may (The inclusion of this page is authorized by L.N. 88C20031 RURAL AGRICULTURAL DEVELOPMENT AUTHORITY 5 (a) carry on such activities as appear to it to be advantageous, necessary or desirable for or in con nection with the performance of those functions, including, without prejudice to the generality of the foregoing, the marketing of agricultural produce; (b) promote the carrying on of any such activities as aforesaid by other bodies or persons and, for that purpose may (i) establish or expand or promote the establish ment or expansion of other bodies to carry on those activities whether or not under the control or partial control of the Authority; (ii) give assistance to such bodies or persons; (c) carry on any such activities h association with other bodies or persons (including government authorities) or as managing agents or otherwise on their behalf, (d) provide technical and advisory services in connec tion with agriculture, including without prejudice to the generality of the foregoing (i) research, training and development pro grammes; (ii) the development and operation of agri cultural service centres in the rural areas. 5.-(l) The Minister may, after consultation with the Ministtrial directions. chairman, give to the Authority directions of a general character as to the policy to be followed by the Authority in the exercise and performance of its functions in relation to matters appearing to the Minister to concern the public interest. (2) The Authority shall give effect to any directions given by the Minister under subsection (1). p e inclusion of this page m authorized by L.N. 5/1992] 6 RURAL AGRlCvLTURAL DEVELOPMENT AUTHORITY ment Appoint- of 6.-(1) The Authority may, after consultation with the o f f i ~ s a d Minister, appoint and employ an Executive Director at such remuneration and on such terms and conditions as the Authority thinks fit. employees. (2) The Authority may appoint and employ at such remuneration and on such terms and conditions as it thinks fit, such officers, other employees and agents as it thinks necessary for the proper carrying out of the provisions of this Act. (3) The Governor-General may, subject to such condi tions as he may impose, approve the appointment of any officer in the service of the Government to any office with the Authority and any officer so appointed shall, while so employed, in relation to any pension, gratuity or other allow ance, and in relation to other rights as a public officer, be treated as continuing in the service of the Government. (4) It shall be lawful for the Authority, with the appro val of the Minister (a) to enter into arrangements respecting schemes whether by way of insurance policies or not; or (b) to make regulations, for pensions, gratuities and other retiring or disability or death benefits relating to members and employees of the Authority, and such arrangements or regulations may in clude provisions for the grant of benefits to the dependents and legal personal representatives of such members or em ployees. Financial Provisions Funds. 7.-(1) The funds of the authority shall consist of (a) all such moneys as may from time to time be ap propriated by Parliament for the purposes of the Authority; and vhe inolusion of this page is authorized by LN. 5/1992] RlJRAL AGRIClJLTlJRAL DEC%:I,OI’MlWT A IJTHOKI’I‘Y 7 (b) all moneys accruing to the Authority from any other (2) The Authority may establish and maintain a reserve fund to meet contingencies and for such other purposes as it may think fit. (3) The management of the reserve fund, the sums to be carried from time to time to the credit thereof, the charges to be made against it and any other application of the moneys comprised therein shall be as the Authority may, with the approval of the Minister responsible for finance, determine. borrow sums required by it for meeting any of its obligations or discharging any of its finctions. (2) The power of the Authority to borrow shall be exercisable only with the approval of the Minister responsible for finance as to the amount, as to the sources of the borrowing and as to the terms on which the borrowing may be effected. (3) An approval given in any respect for the purposes of subsection (2) may be either general or limited to a particular borrowing or otherwise, and may be either unconditional or subject to conditions. to the Authority out of moneys provided by Parliament for the Ics0r purpose. (2) With the approval of the House of Representatives the Minister responsible for finanee may guarantee, in such manner and on such conditions as he thinks fit, the payment of the principal and of interest on any authorized borrowings of the Authority made otherwise than by way of advances under subsection (1). (3) Where the Minister responsible for finance is satisfied that there has been default in the repayment of any principal moneys or the payment of interest guaranteed under the Drovisions of this section he shall direct the repayment or, as source. 8.--(1) Subject to subsections (2) and (3). the Authority may pnwr\ lh’ma’\vlllg 9.-(1) The Minister may from time to time make advances and .\dvailccs giiarm hmow ings (The inclusion of this page is authorized by L.N. San0031 8 Repayment ot; and interest on. advances and sums issued to meet guarantee. Exrmptivn tiom in come tax. 2012002 s. 2. RURAL AGRICULTURAL DEVELOPMENT A WHORITY the case may be, the payment out of the Consolidated Fund of the amount in respect of which there has been such default and any such repayment or payment shall be a charge on the Consolidated Fund. 10. The Authority shall make to the Accountant-General, at such times and in such manner as the Minister or other person designated by the Minister may direct, payment of (a) such amount as may be directed in or towards repayment of advances made to the Authority under section 9 (1); (b) any sums issued in.hlfilment of any guarantee given under that section; (c) interest on any sum outstanding for the time being in respect of such advances and of any sums so issued at such rate as the Minister may direct, and different rates of interest may be directed as respects different advances or sums and as respects interest for different periods. lOA.--(l) Any interest paid to the Authority in respect of funds placed in any savings or other interest bearing account shall be exempt from income tax. (2) Subsection (1) shall be deemed to have come into operation on the 1st day of January, 1997. (3) The amount of any income tax paid by the Authority in respect of any interest earned on any .deposit referred to in subsection (1) for the years of assessment 1997, 1998, 1999,2000 and 2001 shall be rehnded to the Authority. 11.--(1) The Authority shall keep proper accounts and other records in relation to the business of the Authority and shall prepare annually a statement of accounts in a form satisfactory to the Minister, being a form which shall conform with the best commercial standards. (2) The accounts of the Authority shall be audited annually by an auditor or auditors appointed by the Authority and approved by the Minister. Accounts and audit. [Tlic i i idtisioi i of lliis page is autliorized by L.N. 88/2003] RURAL AGRlCULTURAL DEVELOPMENT AUTHORITY 9 (3) The auditor’s fees and any expenses of the audit shall be paid by the Authority. (4) The Auditor-General shall be entitled at all rea sonable times to examine the accounts and other records in relation to the business of the Authority. 12.-(1) The Authority shall within six months after the g ! L d end of each financial year cause to be prepared and sub- estimates. mitted to the Minister a report dealing generally with the activities of the Authority during that financial year. (2) A copy of such report and the annual statement of accounts and the auditors report thereon or on the accounts shall be laid on the Table of the House of Repre sentatives and of the Senate. (3) The Authority shall, before a date specified by the Minister, submit to the Minister for his approval estimates of income and expenditure for the ensuing financial year. 13. Where the Authority is satisfied that it is necessary f prove or desirable for the purposes of this Act, to have improve- ~~~~~~ ment work done on any private land, the Authority shall land. notify the owner or occupier of such land accordingly and may thereafter enter into such arrangements for the execu tion of the work on such terms and conditions as may be agreed with the owner or occupier. 14.-(1) Subject to the provisions of this section, any Powerof person authorized in writing by the Authority in that &half b e c t i o n . (in this section referred to as an “authorized person”) may at all reasonable times enter upon any land for the purpose of (a) inspecting the condition of such land or of any im provement work upon such land; me inclusion of this page is authorized by L.N. 5/1992] 10 RURAL AGRlCULTURAL DEVELOPMENT AUTHORITY (6) ascertaining (i) what crops are cultivated or most suitable for cultivating on such land; (ii) the conditions under which such crops are so cultivated; and (iii) the expediency or otherwise of doing upon such land any improvement work. (2) An authorized person may (a) take such angles, bearings or measurements or samples of soil or plants; or (b) examine and carry out on animals such tests, as may be necessary for the purpose for which the authorized person entered upon the land. (3) An authorized person shall not enter upon any land (a) with the consent of the occupier of such land; (b) after he has given to such occupier not less than seven days’ notice of his intention to enter upon such land; or (c) if the name or address of the occupier of such land is not known to and cannot reasonably be ascer tained by him, after he has posted near to such land a notice of his intention to enter upon such land. under this section except Notker. 15.-(1) Subject to subsection (2), all notices required to (a) to the Authority shall be given either by delivering it to the Executive Director or other principal officer of the Authority or by registered post; (6) by the Authority to any other person by registered post; be given for the purposes of this Act me inclusion of this page is authorized by LN. 5119921 RURAL AGRICULTURAL DEVELOPMENT AUTHORITY I I (2) Where the Authority is unable to ascertain the postal address of any person, any notice required to be given in relation to any land for the purposes of this Act may be given by the posting up of such notice in a con spicuous position upon the land. 16. The Authority may, with the approval of the R@ Minister, make regulations for the better carrying out of the purposes of this Act. 12 conatitu tion of Authority. chairman and deputy ahairman. Tenure of OBa. Rap* tion. RURAL AGRICULTURAL DEVELOPMENT AUTHORiTY SCHEDULE (Section 3) 1.41) The Authority s M consist of such number of persons. not being less than ten nor more than fifteen as the Minister may from time to time appoint. (2) The members of the Authority shall be appointed by the Minister from amongst rsons appearing to him to be qualified as having had experience o r and shown capacity in, matters relating to agriculture, finance. administration or in such other matters a8 the Minister considers appropriate for appojntment under this paragraph. (3) A person shall be disqualified for appointment as a member of the Authority so long as he is a member of the Kingston and St. Andrew Corporation or any Parish Council. 2. The Minister may appoint any person to act temporarily in the place of any member of the Authority in the case of the absence or inability to act of such member. 3.-(1) The Minister shall appoint a chairman and deputy c h h a n from amongst the members of the Authority. (2) In the case of the absence or inability to act of the chairman, the deputy chairman shall perform the functions of the chairman. (3) In the casc of the absence or inability to act of both the chairman and deputy chairman. the Minister may appoint any other member t f the Authority to perform the functions of the chairman or, as the case may be, the deputy chairman, during such absence or incapacity. 4.+1) The appoinhment of every member of the Authority shall be evidcnced by btrumtm t in writhg, and such instrument shall specify the period of office of the member which shall not exceed three years. (2) Every member of the Authority shall be eligible for re appointment. (3) The Minister may at any time revoke the a intment of any member of the Authority if he thinks it expedient (10 to% 5 . 4 1 ) The chairman may at any time resign his office 9 instru ment in writing addressed to the Minister and such resignahon shall take &kct aa from the date of receipt of such instrument by the Minister. (2) Any member of the Authority other than the chairman may at any time resign his office by instrument in writing addressed to the Minister and mnsmilttad through the ohinnan. and from the date of the receipt by the Minister of such instrument, such member shdl cease Q be a member of the Authority. idusion of this paoe in authorited by LN. 5119921 RURAL AGRICULTURAL DEVELOPMENT AUTHORlTY 13 6. The names of the members of the Authority as first constituted Publica tion of member ship. 7.-(1) The Authority shall meet at such times as may be necessary Procedure or expedient for the transaction of its business so, however, that the andmeet Authority shall meet at least once per month in ten months of each calendar year and such meetings shall be held at such places and times and on such days as the Authority may determine. (2) The chairman may at any time call a special meeting of the Authority, and shall call a special meeting to be held within seven days of a written request for that purpose addressed to him by any two members of the Authority. (3) The chairman shall preside at meetings of the Authority and if the chairman and the deputy chairman and the person appointed under paragraph 3 (3) are absent from a meeting the members present shall elect one of their number tq preside at the meeting. and every change of membership shall be published in the Gazette. (4) The quorum of the Authority shall be five. ( 5 ) The decisions of the Authority shall be by a majority of votes, and in addition to an original vote the chairman or other person presiding at the meeting shall have a casting vote in any case in which the voting is equal. (6) Subject to the provisions of this Schedule the Authority may regulate its own proceedings. (7) The validity of any proceedings of the Authority shall not be affected by any vacancy amongst the members thereof or by any defect in the appointment of a member thereof. 8 . 4 1 ) The seal of the Authority shaIT be kept in the custody of the &land Executive Director qr of any officer of the Authority authorized by the execution Authority in that behalf, and shall be a&ed to instruments pursuant to a f d m a resolution of the Authority, in the presence of the Executive Director mnta. or an other member of the Authority authorized to act in that behalf, and d e secretary thereof. (2) The seal of the Authority shall be authenticated by the sig nature of the Executive Director. (3) All documents other than those required by law to be under seal, made by, and all decisions of the Authority may be signified under the hand of the chairman and any other member or officer of the Authority authorized to act in that behalf. 9. A member of the Authority who is directly or indirectly interested Disc, of interm. in any matter which is being dealt with by the Authority (a) shall disclose the nature of his interest at a meeting of the Authority; and [nM inolueiOn of this page k authorized by LN. 5/19923 14 RURAL AGRICULTURAL DEVELOPMENT AUTHORITY (b) shall not take part in any deliberation or decision 6f the Authority with rebpect to that matter. Lave d J b w lO.+lJ Any mpmber of the Authority other than the chairman who intends to be absent from meeting8 of the Authority during a period of more than three consecutive months shall apply to the chairman for leave of ahencc. (2) If the chairman intends to be absent from meetings of the Authority during a p o d of more than three consecutive months he shall appIy to the Mmister for leave of absence. & d o n & mombum. 11.41) No action, suit or othw procaedingr shall be brought or insti tuted penronally @nst any member of the Authority in rerpect of any act done 6ona @e in pursuance or exeaution or intended execution of (2) -re any member of the Authority ia exempt from liabisty by ramon only of the provisions of thir Section the Authority rhall be liable to the extent that it would have been if such member were an employee or a@nt of the Authofity. 12. Tbers 8hdl be peid to the chairman and other members of the Authority ruch remuneration, whether by way of salaries, honorarium or other all-, M the Minister may determine. this Ad. R m e m tion of membem