Sugar (Reserve Funds) Act

SUGAR (RESERVE FUNDS) THE SUGAR (RESERVE FUNDS) ACT ARRANGEMENT OF SECTIONS 1. Short title. 2. Interpretation. 3. Establishment of Funds. 4. Exporter to pay part of proceeds of sale of sugar to Government of Jamaica. 5. Statutory deductions. 6 . Disposal of moneys. 7. Power of Minister to transfer moneys from one Fund to another. 8. [Deleted byAct 28 of 2003, S. 2.1 9. Regulations. 10. Penalty. 1 1 . Functions may be performed by other Minister. [The inclusion of this page is authorized by L.N. 87/2004] SUGAR (RESERVE FUNDS) Cap. 373. Laws THE SUGAR (RESERVE FUNDS) ACT 32 of 1953, 45 of 1951. A& 30 of 1963. [ 1st Januav, 194 7.1 42 of 1969 3rd Sch, 28 of 2003 S. 2. 1. This Act may be cited as the Sugar (Reserve Funds) Shorttitle Act. Interpre 2. In this Act unless the context otherwise requires- tation. "crop year" means the period of twelve months com- 3211953 mencing on the 1st of December in each year and S.2. ending on the 30th of November in the succeeding year; "exporter" means any person who is the holder of an export licence under the Sugar Industry Control Act; "the Minister" means the Minister responsible for the 3011963 S. 2 (b). sugar industry. 3.-(1) There are hereby created a Sugar Price Stabiliza- Establish tion Fund, a Sugar Industry Capital Rehabilitation Fund ~2' and a Sugar Industry Labour Welfare Fund. 4511954 S. 4 (axb). (2) In addition to the Funds created by subsection (1) 4511954 s. 4 (c). there is hereby created a Sugar Workers Pensions Fund for providing pensions and other superannuation benefits, subject to such conditions as may be prescribed, to workers, including casual workers, in the sugar industry of this Island. 4.-(1) Every exporter who either exports any sugar to Expo""t0 Pay P d of which this section applies from Jamaica pursuant to any proceedsof sale or agreement to sell or with a view to sale, or sells any sugar to which this section applies for export, shall, within ,,tof - Jamaica. 3211953 S. 3 (axb). [The inclusion of this page is authorized by L.N. 87120041 SUGAR (RESERVE FUlVDS) such time as may be prescribed, after the receipt, whether in Jamaica or elsewhere, by himself or by any person on his behalf of any moneys (a) in respect of the s le of such sugar; or B (b) in the event df such sugar being lost, stolen, damaged or destroyed before the property in such sugar passes to any purchaser thereof, under any policy of insurance in relation to such sugar, pay or cause to be paid in such manner as may be prescribed to the Government of Jamaica out of such moneys the appropriate statutory deduction in respect of each ton of sugar so exported, sold for export or lost, stolen, damaged or destroyed. (2) Where any exporter fails or neglects to pay or cause to be paid to the Government of Jamaica any sum required to be so paid or caused to be paid by him pursuant to the provisions of subsection (1) such sum shall be recover able as a civil debt in an action by the Attorney-General on behalf of the Government of Jamaica. 3211953 s. 3 (c). (3) This section applies to sugar of the following categories, that is to say (a) sugar sold or to be sold at a price negotiated annually pursuant to an agreement entered into between the Ministry of Food on behalf of Her Majesty's Government in the United Kingdom and, inter aka, the British West Indies Sugar Association (Inc.) on behalf of the sugar industries and ex porters in the British West Indies, and signed on the 21 st day of December, 195 1; (b) other sugar sold or to be sold at a price per ton free on board exceeding the net price per ton free on board of the sugar referred to in paragraph (a). In this paragraph the expression "net price per ton" means the sum obtained by deducting the appro [The inclusion of this page is authorized by L.N. 87120041 SUGAR (RESERVE FUNDS) priate statutory deduction (as defined in subsection (4) ) fiom the current price per ton free on board ofthe sugar in respect of which the term is used. (4) In this section "the appropriate statutory deduc- 3211953 s. 3 (c). tion" means, in relation to sugar of either of the categories 4511954 described in subsection (3), such sum as has been declared s. 5 . under section 5 to be the statutory deduction in respect of sugar of that category for the crop year in which such sugar is manufactured. 5 4 1 ) Subject to the provisions of subsection (2) of this statutory deductions. section, the Minister in each crop year shall by order ,,,1953 d e c l a r e s. 4. (a) the statutory deduction for such crop year in respect of sugar of each of the categories described in sub section (3) of section 4; and (b) the sums, if any, to be credited to each of the Funds constituted under this Act fiom such statutory deductions. (2) The statutory deduction for any crop year in res pect of sugar of the category described in paragraph (b) of subsection (3) of section 4 shall not exceed the statutory deduction for that crop year in respect of sugar of the category described in paragraph (a) of the said subsection. 6. The Government of Jamaica shall credit to each of Dispo~ lo f the Funds constituted under this Act the appropriate pro- moneys. portion, if any, of the moneys received by it under section 4, so, however, that all of the moneys so received shall be credited to one or more of such Funds. 7. The Minister may at any time transfer fiom one Fund E.Yz:fto to another all or any of the moneys credited to any of the &,,fa Funds constituted under this Act. moneys from one Fund to another. 4511954 S. 7. [The inclusion of this page is authorized by L.N. 87120041 SUGAR (RESER YE FUNDS) 8. [Deleted by Act 28 o f 2003, S. 2.1 Regulations. 9 . 4 1 ) The Minister may make regulations for the better carrying out of this Act and in particular but without pre judice to the generality of the foregoing power (a) requiring exporters to hrnish to such authority in such form and at such time such returns con taining such information relating to the exporta tion and to the sale by them or on their behalf of any sugar as may be prescribed; (b) requiring exporters to produce any books of account kept by them, or any invoices, bills of lading or other documents in their possession or under their control relating to the exportation or sale of any sugar for inspection by such authority within such period and at such place as may be prescribed; (c) for the administration, investment and manage ment of any moneys credited to any Fund estab lished under this Act and for the auditing of any accounts in relation to such Fund; (4 for the disbursement of any moneys for the time being standing to the credit of any of the Funds created under this Act; (e) prescribing all things permitted by this Act to be prescribed. (2) Regulations under this section may be made with retrospective effect to the date upon which this Act was deemed to have come into operation. 42'1969 ' -ch. (3) Regulations made under this section shall be sub ject to negative resolution of the House of Representatives. [The inclusion of this page is authorized by L.N. 87120041 SUGAR (RESERVE FUNDS) I 10. Every exporter who contravenes or fails to comply P ~ W . with the provisions of this Act or of any regulations made thereunder shall, upon summary conviction before a Resident Magistrate, be liable to a h e not exceeding one thousand dollars or to imprisonment with or without hard labour for any term not exceeding twelve months. 11.-(1) The Prime Minister may by order depute any F ~ O M sibility for the subject of the sugar industry to perform any sm. of the duties and exercise any of the powers (including the g!;*%3 power to make regulations) which are conferred or imposed by this Act upon the Minister last mentioned. (2) Notwithstanding the making of any order under this section, the Minister charged with the responsibility for the subject of the sugar industry may continue to exercise the powers and perform the duties conferred or imposed upon him by this Act and his responsibility for the subject of the sugar industry shall not be affected by such order. may be pa- Miniiter other than the Minister charged with the respon- f omed by [Tbc inclusion of this page is suthorized by L.N. 480/1973]