Cotton Marketing Ordinance (Cap. 266)

~ 2473(CAP. 266 Cotton Marketing. ~~ 266. 6!1955. 23/1961. ~ (lst September, 1958.) Short title.be cited as the Cotton Marketing Interpretation. Montserrat Cotton Growers As under the Montserrat Cotton Cap. 97. Marketing Board established the Board ; , persons corporate or unin all cotton produced of this Ordinance, which shall be a body .Marketing Board with seal, which body shall be to sign contracts therefor, .for the purposes of this Establishment and constitution of Board. : Board shall not be affixed to of a resolu Chainnan and the token the custody of the Secretary by the Agricultural Superin 2474 CAP. 266) Cotton Marketing, 4. The Board shall be constituted and its proceedings shall be detennined in accordance with the provisions contained in the First Schedule. Constitution and proceedings of the Board. Proceedings on default of Board. 5. (1) If the Board, in the judgment of the Administrator in Council, makes default in the perlormance of the duties, by this Ordinance or by any other law of the Colony, imposed upon it or exceeds or abuses its powers, it shall be lawful for the Administrator in Council, byan order, published in the Gazette, to dissolve the Board. 10) """"w-""""'""",-mill -" ", ,~,,- rn , °'W -, -," ", 0"'"-" "" ~"""'""~""~.ili,M.rn;.,.",m"",",", '"". ~'~"'~ffi'm""rom""=",,,," .rn" -"" , "M" ","0 ", fu"" 0; ,'" "~"'mffi' " Minutes to be evidence. 6. A minute made of proceedings at a meeting of the Board and copies of any orders made or resolutions p~d at such meeting, if purporting to be signed by the Chairman of the meeting at which such proceedings took place or such orders were made or resolutions passed, or by a Chairman of the next ensuing meeting, shall be received as evidence in all legal pro ceedings ; and, unless the contrary is shown, every meeting where minutes of the proceedings have been SO made shall be deemed to ha~~~~r duly convenetf" and held, and all the proceedings ther~o have been duly transacted. (CAP. 266 2475Cotton M arketing, Control of cotton intended for export. Second Schedule. 7. (I) All cotton produced in the Colony and intended to be exported therefrom shall be exported by the Board or such person or persons as may be authorised by them under licence, in the Form in the Second Schedule. (2) All licences granted under the preceding sub-section shall be revocable at the discretion of the Board. (3) Any person exporting cotton in contravention of the provisions of this section shall be liable on summary conviction to a fine not exceeding two hundred and forty dollars, or to imprisonment for a term not exceeding six months, or to both such fine and imprisonment. Funds of the Board. 8. ( 1) The funds of the Board shall consist of a yearly contribution by the Association and of any moneys voted for that purpose and granted to the Board by the Legislative Council or by any body authorized by Her Majesty's Govem ment in the U nited Kingdom to make grants for the develop ment of British Colonies and all moneys donated or bequeathed to and all moneys raised by or payable to the Board under the provisions of this Ordinance or otherwise. (2) The Board may, with the consent of the Administrator in Council borrow money for the carrying out of its purposes and may charge in any manner all property of the Board of every nature and kind whatsoever and all its funds and all the revenues of the Board present and future with the repayment of the money borrowed for such purposes. ~ 9. All books of accounts of the Board and al1 moneys, documents and things peitajning to the Board in the custody of or under the control of the Board, or of any officer or servant of the Board shall at all times be subject to inspection and audit by the Auditor of the Colony or by any Clerk of the Audit Depart ment in like manner as though such books of account, moneys, pocuments and things were in the custody or under the control of a Public Officer in his official capacity. Inspection and Audit. Secretary of the Board to be appointed. (1) The Board may, with the approval of the Ad-10. (a) appoint a fit and proper person to be Secretary; (b) from time to time fix or alter the salary to be paid to such officer from the funds of the Board, and (c) suspend or dismiss such officer : .~ 2476 CAP. 266) Cotton Marketing Provided that notwithstanding the dissolution or other determination of the Board the Secretary shall continue to hold office until his employment as such shall be terminated by the Administrator . (2) The Secretary shall be the Chief Executive Officer 01 the Board and shall have all such powers and perfonn all such duties as are or may be conferred upon him by this or any otheJ Ordinance, or by any regulation or order of the Board. He sha1J attend the meetings of the Board and shall keep the minutes 01 the proceedings at every such meeting. (3) The Secretary shall be ex-o fficio Treasurer of the Board. (4) In the case of the illness, or absence of the Secretary, the Board may, with the consent of the Administrator, appoinl some fit and proper person to be Assistant Secretary. (5) The Assistant Secretary shall hold office during the pleasure of the Administrator, and of the Board. (6) All things required or authorised by law or any regula tion or order of the Board to be done by the Secretary may be done by the Assistant Secretary . (7) An ~istant Secretary, while acting for a Secretary, may receive remuneration to be paid from the funds of the Board as the Board may detennine. Appointment of subordinate officers and servants. 11. (I) The Board may from time to time appoint such other officers and servants as may be required for the efficient administration of the affairs of the Board. (2) Every such officer or servant shall hold office during the pleasure of the Board. (3) Every such officer or servant shall receive such re muneration and shall perform such duties as may, from time to time be agsjgned to him by the Board. Officers and servants may be required to furnish security. 12. (1) The Board may require any officer or servant appointed hereunder to give such security as may be thought proper for the true and faithful performance of the duties of his office, and for the due accounting for, paying over, and deliver ing an moneys, goods and chattels which may come into his hands in virtue of such office. 2477(CAP. 266Cotton M arketing (2) No officer or servant of the Board shall be entitled to more than a month's notice of the termination of his employ ment, and the Board shall have no power to make any agree ment for service involving any longer period of such notice or any claim for pension or compassionate allowance unless authorised by the Administrator with the approval of the Legis lative Council, to make such agreement. (3) If the Secretary or any other officer or any servant appointed by the Board shall, directly or indirectly, have any pecuniary interest in any agreement or contract which shall be entered into by the Board, or any matter affecting the Board, the Secretary , officer or servant shall report the circumstances of such interest to the Board through the Secretary as soon as practicable after he becomes aware of his having such interest ; and in default of his so reporting, he shall be liable to summary dismissal from the service of the Board. Officers and servants to account. 13. (1) Every officer or servant appointed by the Board shall give, at such times during the continuance of his office or within ten days after ceasing to hold it, and in such manner as the Board may direct, a true account in writing of all matters committed to his charge and of his receipts and pay ments with vouchers therefor . (2) Every such officer or servant shall pay all moneys due from him to the Secretary or as the Board may otherwise direct. (3) If any such officer or servant (a) refuses or neglects to ddiver any account which he ought to de!liver or any voucher relating thereto, or to make any payment which he ought to make; or (b) after three days' notice in writing signed by the Chairman and given to him refuses or neglects to deliver to the Secretary, anything whatsoever which he ought to deliver or in respect of which he ought to give satisfaction to the Secretary or to the Board, as the case may be, a Magistrate may, on the complaint of the Secretary, by summary order require the said officer or servant to make such delivery or payments or to give such satisfaction. (4) Any such officer or servant who fails to comply with the of the Magistrate shall be guilty of an offence against this 2478 CAP. 266) Cotton M arketing. ~ Regulations. Ord. 23/1961. 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"o.a of ,"oh ",=dro mili"..'='~oc,~="""h~boo"",=",.m~""gof , ",Bo~'hcl'",k~.","'"y.bd=ili",",whi,h,"cl, m ,.,~".~OC=O~'0""pro ,=d~~ "o.a,"~i""g"=ofb~ b=gi,=roili,m=bo"., k~"'"d""bof=rooh,"u~m~""g (3)All~",",i~m"d,byili,Bo.,d=d~ili.O"' "=a",]lbo,"bmi"rofocoo..~",,"ofili,Adrnin;.,",oc '"Co°"cif =, wh= oo-,d oh.n b." ili, fu= =d cl!,ctof,"w (')Af're","'0~~M,byili,Bo""°"d,,ili"O"'~" oh.n b, po""hro " ili, G~,," pro"',d ,,", i' ""' bo ,"wroffo,ili,Admi"-ro",Cooocilb,°,d"roro"ok'ili, 2479(CAP. 266Cotton M arketing. confimlation of any regulation and thereupon such regulation shall cease to have force and effect. Every such revocation shall be published in the Gazette. Penalty for offences. 15. (1) Any person who is guilty of an offence against this Ordinance for which no special penalty is provided by this Ordinance sball be liable on summary conviction to a fIne not exceeding fifty dollars or to imprisonment for a term not exceed ing three months or to both such fIne and such imprisonment. (2) Where an offence against this Ordinance or any regula tions made thereunder committed by a company or other body of persons is proved to have been committed with the consent or connivance of, or to have been facilitated by any neglect on the part of, any director, president, chairnlan, manager, secretary or other officer of the company or other body of persons, he as well as the company or body of persons shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (3) Every proceeding instituted in accordance with the pro visions of this section shall be taken in the name and at the instance of the Secretary or in the name and at the instance of the Gazetted Police Officer in charge of the Police Divison in the Colony. S.4FIRST SCHEDULE. (I) The Board shall consist o£ (a) five members 0£ the Committee 0£ Management 0£ the Association (hereinafter called the "Cotton Growers repre sentativ~") ; ( b) one member who shall be one 0£ the elected members 0£ the Legislative Council serving on the Executive Council 0£ the Colony and exercising the £unctions 0£ Member £or Trade and Production (hereina£ter called the "Member £or Trade and Production") : Provided that where, £or any reason, a vacancy exists in respect 0£ the seat 0£ such member, the Administrator may appoint a person, not being an officer in the public service) to member 0£ the Board until such time as the a£oresaid shall cease to exist; and ,81!1--- ~ CAP. 266) Cotton Marketing,24'80 (c) one member appointed by the Administrator who shall be an officer in the public service. (2) Within twenty-one days after the coming into force of this Ordinance and thereafter within fourteen days before the expira tion of the term of office of the Cotton Growers' representatives, the Cotton Growers' representatives shall be elected by secret ballot of the members of the Association and shall serve for a term of office of the members of the Board. (3) Every member shall, unless elected or appointed for a shorter term, hold his seat on the Board for a term of three years. (4) If by reason of the dissolution of the Legislative Council, or for any other cause, the member serving on the Board by reason of his office as Member for Trade and Production, ceases to hold such office, he shall not on that account vacate his seat as a member of the Board until such time as his successor in the office of Member for Trade and Production shall be appointed. (5) Any member of the Board who (a) not being an officer in the public service, by writing addressed to the Administrator, resigns from the Board; or (b) departs from the Colony without leave of the Ad ministrator; or (c) remains out of the Colony after the expiration of his leave without reasonable excuse; or (d) fails without reasonable excuse to attend four meet ings of the Board shall cease to be a member of the Board. (6) The appointment of any member of the Board appointed by the Administrator may be revoked by the Administrator . (7) The Chairman shall be such member as shall be elected by a majority of votes of the members at the first meeting of the Board alter its establishment and shall remain in office until the appointment of his successor unless he has previously resigned his office or become disqualified for membership of the Board. (8) If the Chairman, from any cause whatsoever, ceases to be Chaimlan during the period for which he has been elected, the Board shall proceed to elect another member to be Chairman and such other Chairman, when elected, shall hold office for the re mainder of the time for which his predecessor would have held office if he had not ceased to be Chairman. (9) A reitiring Chairman shall be eligible for re-election. (10) The Chairman shall preside at every meeting of the Board and shall have such powers and perform such other duties as may be from time to time assigned to him by the rules. 2481(CAP. 266Cotton Marketing. (11) The Chairman shall not have an original vote but in case of an equal division of votes on any question before the Board he shall have a casting vote. (12) The Board may from time to time, appoint any member thereof to act as Deputy-Chairman during the illness or absence of the Chairman or during any temporary vacancy in the office of Chairman. A Deputy-Chairman shall, while acting as such have all the powers and perform all the duties of the Chairman. (13) Subject to the provisions of paragraph (11) every question before the Board shall be decided by a majority of the votes of members present and voting. Every member shall have one vote. (14) The Board may make rules relating to all or any of the following matters : (a) the time and place of the meeting of the Board; ( b) the mode of convening the members of the Board ; (c) the attendance of members; ( d) the form and order of the debates of the Board ; (e) the powers and duties of the officers and servants of the Board; and (n the general regulation of the proceedings (including the quor n) of the Board and the mode df conducting the business of the Board. S. 7(1)SECOND SCHEDULE. Licence is hereby granted (name of seller) to sellof (address) pounds of cotton to (purchaser) ,19Dated this day of (Signature of Officer issuing licences.)