Timber Industry Development Board Ordinance, 1963 (No. 24 of 1963)

4. The Board shall, as from such date as the Adminis- Timber Industry. trator in Council may appoint by notice in the Gazette, take over the assets and liabilities of the undertaking known as the G-overnn1e1it Timber Industry and shall, as from a date to be appointed in like manner as aforesaid, carry on the business activities of that undertaking. Power of th e . 5•-( 1 ) The Board may purchase or otherwise acquire Board toacqmre and dispose of and hold and may take on lease any moveable property property. • acquire df l f 1• 0 d' or t 1e purposes o t 11s r mance, an may d dispose of any such moveable property. 145 No. 24.] Ti?nber Industry Developuzent Board Ordinance. [ 1963. ( 2) The Board may purchase or otherwise acquire and hold and may take on lease any immoveable property and any interest therein required for the purposes of this Ordinance. (3) 1~he Board may, with the consent of the Adminis- trator in Council sell and alienate any immoveable proper- ty or interest therein vested in the Board and lease any such property or interest for any term, and may, without such consent, lease any immoveable property or interest therein for any term not exceeding ten years provided the full rental value in respect of the sa1ne be reserved year by year on such lease, and no prcmiun1 be payable in respect thereof.

6.-( 1) ~fhe Board shall consist of five ex-officio mcm- l\fomborsl1ip of . o f t l1e p1tsawyers bers, one representative , . h . l d the Board. in t e 1s an and one representative of the lumber dealers, and where necessary, not n1ore than t,:vo additional members (the representative of the pitsawyers, the representative of the lumber dealers and the additional members being herein- after referred to as the appointed members and being appointed by the Administrator in Council on the recom- n1endation of the 1Vlinister ). ( 2) 1"·he ex-officio members shall be the persons for the time being holding or ncring in the following publil· offices- (i) the Superintendent of Agriculture who shall he the Chairmnn of the Board ; (ii) the Accountant General; (iii) the Director of Public \Vorks; (iv) the Co--opcrarive Officer; and (v) the Forest Supervisor, ( 3) At any meeting of the Board, provided a quorum is present, the Board may act notwithstanding any vacancv • in the number of its members . 14(3 No. 24.J Thnbe-r ludust-ry D11vel0Jnneut Board Ordiuancu. [1963. (4) 'The Ac.lministrator in Council may authorise the payment out of the funds of the Board of any su111 by way of remuneration or other allo\vancc to the Chairman and other members of the Board : Provi<lcd that no remuneration or other allowance shall be paid under thi~ subsection to a member of the Board who is also the Secretary thereof. Tenure of o!lloe 7.-( 1) An appointed member shall hold office for a of appointed members, period of two years from the date of his appointment: Provided however that the Administrator in Council may ren1ovc an appointed 1nember from his office at any time by notice in writing to him to that effect: Provided further that an appointed member at any time may resign his office by notice in writing under his hand to that effect given to the Administrator in Council. ( 2) rfhe Administrator in Council may, on the recom- mendation of the Minister, appoint any person to act in the place of an appointed member in case of the latter's absence or inability to perform his duties. ( 3) Where an appointed member is absent from any three consecutive meetings of the Board except for some reason approved by the Administrator in Council, such person shall cease to be a member of the Board. (4) If a vacancy occurs by death, resignation, cfHuxion of tin1c, or otherwise, in the office of any appointed 1nembcr, the vacancy may be filled by the Administrator in Council in the n1anner provided by subsection ( 1) of section 4 of this Ordinance, but any person appointed to fill a casual vacancy shall hold office so long only as the mcn1bcr in whose place he is appointed would have held office. ( 5) Any person ceasing to be an appointed member shall be eligible for re-nomination and re-appointment to the Board. 147 No. 24.J Tin1ber industry De'l.1e/0Jnnent Board Ordinance. [1963. ( 6) The appointment, resignation or removal of an appointed member shall be notified in the Gazette by the Clerk of the Executive Council: Provided that failure to give such notice shall not affect the validity of the appoint1nent , resignation or re111oval.

8.-( 1) rfhe Administrator in Council may make Power of A<lminiatrtttor Regulations- m Council to make (,1) regulating the proccJure of the Bo~1rd and rc- Itegulatione, q uiring returns and reports ; (b) prescribing the principles to be followc~ by the Board in the exercise of their powers ; ( c) generally for carrying out the purposes of this Ordinance. ( 2) Until Regulations regulating the procedure of the Board arc made u11<.-\ct· subsection ( 1) of this section, the provisions of the Schedule to this Or<linancc shall have Schod11lo. effect. Upon the coming into force of such Regulations the provisions of the said Schedule shall cease to have effect. ( 3) Subject to any such Regulations (and to the Schedule to this Ordinance while in effect) the Board may regulate its own procedure. 9. 1~hc Board 1nay appoint, at such renmncration and Appointment of on such terms and conditions as it may determine, a Secreta.ry nnd other officers Secretary and such officers and servants as may be and eerv0,J1te, necessary nnd proper for the efficient managcn1ent of tl1e business of the Board, and may require any officer or servant so appointed to give such security as may be deemed proper for the due execution of his duties: Provided that no appointment at an annual salary of one thousand four hundred and forty dollars or upward shall be made without the prior approval of the Administrator in Council. 148 No. 24.] Timber Industry Development Board Ordinance. [1963. Powe1·s 11,nd 10.-( 1) 'The Secretary shall be the Chief Executive duties of' Secretnry, OHiccr of the lloar<l anJ shall have all such powers and pcrf orm all such <lurics as arc or may be conferred or imposed upon him uy this Ordinance, or by the Boanl, or by any Rules or Regulations made under this Ordin- ance. ( 2) •I 'he Secretary shall attend all meetings of the Board and shall keep or cause to be kept minutes of the pro- ceedings at every such meeting. He shall not, unless he is a member of the Board, be entitled to vote at any such meeting but may be called upon by the Chairman to giv(: such information as may be required by the Board at any meet111g. Indemnity of 11. 1'hc me1nbers of the Board and the Secretary and members and ollicers of the other officers and servants for the time being of the Board Board. may be indemnified out of the assets of the Board from and against all actions, proceedings, costs, charges, losses, damages and expenses which they or any of thc111 shall or may incur or sustain by reason of any act done or omitted in or about the execution of their duty in their respective offices except such as they shall incur or sus- tain by or th.tough their own wilful neglect or default respectively Funds of t.110 Board. 12. 1·1ie funds of the Board shall consist of- (a) such sums as n1ay accrue from the operations of the Board; (b) such sums as may be borrowed by the Board fr01n time to time ; (c) such sums as may, from time to time, with the approval of the Legislative Council, be appro- priated from public funds ; ( d) such sums as may accrue from the djsposal of its assets ; ( e) such other sums ns 111ay from any source and at nny time be granted or allocated to the Board. 149 No. 24.] Timber Industry Develop111eut Board Ordiuam:e. rHW3, LonnR,

13.-( 1) 'fhe Board shall not, without the l)rior m11rtg,ig,;,11 1111,l approval of the Administratoi- in Couneil, bon-ow any n<l1-·,mces. sum of money, or mortgage or pledge its assets. ( 2) The A<lministmtor in Council or the 1\-linistcr of Finance may by warrant under their hand with the approval of \:he Legislative Council, authorise the Accoun- tant General tu make auvanccs to the Board in such sums and on such terms and conditions as the Administrator in Council may think fit for the purposes of the Ordinance.

14. The funds of the Board shall be appli<!d tow:1rJs- the Ar,pli<iution of Funds of (q) the remuneration of its members, officers and t.ho Board, servants; (b) the payment of the cost of acquisition of any property, move::1ble or immoveable, for the purposes of this Ordinance; Provided however that no land or building shall be purchased or leased by the Board without the prior approval of the Administrator in Council ; ( c) the purchase, construction maintenance anJ replacement for the purposes of this Ordinance of any machines or equipment ; (d) the pay111ent of the rent of premises used by the Board in the carrying on of its business; (e) the payment of all rates, taxes and insurance on any land, building or other property acquired by the Board ; (f) the payment of all expenses duly incurred for the purposes of this Ordinance ; (g) the purcha5e or processing of timber ; ( b) the rcpay1nent of advances, sums borrowed by the Board, and interest thereon ; (i) the creation of a reserve fund, as the Board may, in its discretion, consider fit ; 150 No. 24.] Ti?nher Industry Development Boa-rd Ordinance. [1963. (j) any other purpose which the Board may, \vith the approval of the Administrator in Council decide to be for the purposes of this Ordinance. ( 2) l\lloneys standing to the credit of a reserve fun<l may from t1111c to time be invested in s<;curitics generally or specifically approved by the .A. dministrator in Council for that purpose .1.nd the lloard may from time to time and with like approval sell or vary any or all such securities. Duties of the 15. It shall be the duty of the Board- Board. (a) to buy locally produced timber and to re-sell the same; (b) to improve, by such means as it may from time to time determine, the processing and market- ing of timber ; ( c) to secure the most favourable arrangements for the purchasing, handling, storage and marketing of tin1ber; (d) upon being required to do so by the A<lminii;tra-- .tor in Council, to make recommendations on any matter directly or indirectly relating to or -affecting timber ; Powl\r11 of tha 16. ·rhe Board mav- Board, - (a) establish and operate depots for the purd1asc, delivery, grading and sale of timber ; ( b) enter into contracts for the purchase sale and transport of timber upon such terms and condi- tions as the Board may deem fit ; ( c) establish and operate mills and other plant for preparing and processing timber ; (d) do all things needful for the development, pre- servation and maintenance of a timber industry in the Island. 151 No. 24.j 'fhnbcr lndul·try Developmant Bom·d Ordinance. [.1963. (e) regulate the grading of timber and prescribe the grades which shall be employed in the purchase and sale of timber and the prices to be paid for each grade; (f) purchase, transport, store, insure, handle and sell in or outside of the Island in such quantities, at such prices and at such times as the Board may from tin1e to time determine.

17 .-( 1) The Board may, with the approval of the Powet· of Board to make Rules, Administrator in Council, make Rules- (a) prescribing the grades and types of timber it shall accept from producers; (b) prescribing the prices to be paid to producers in respect of any grade, type or quality of timber ; (c) prescribing forms of licences; (d) generally for carrying out the purposes of this Ordinance. ( 2) Rules n1adc under this section may prescribe in respect of any contravention thereof or failure to comply therewith a penalty on summary conviction not exceeding fifty dollars.

18. The Ad1ninistrator in Council may, after consulta- Power of Adminiiitrator tion with the Chairman of d1c Board, give to the Board in Council to directions as to the policy to be followed by the Board give directions to the Board. in the exercise of its functions, and the Board shall com- ply with all such directions.

19.-( 1) All n1011ies due to the Board shall be paid into Formation of the Timber the T rcasury and shall f orn1 a fund to be called " 1'he fund. Timber Industry Development Fund'', in this Ordinance referred to as " The Timber Fund ". (2) The accounts of the 'fimbcr Fund shall be kept ·r separate from all other accounts in the reasury, and all the debts of the Board shall be discharged from such fund. 152 No. 24.] Thnber ludustry Devt:lop111eut Board Ordiuance. [1963. ( 3) All payment from the Timber Fund shall be made on the written order of the Secretary countersigned by the Chairman of the Board. /1ccouuts and Books. 20.-( 1) The Board shall keep true accounts of- (a) all sums of money received and expended by the Board and the matters in respect of which such receipts und expenditures take place ; and ( b) the stock in trade of the Board ; and ( c) the assets and liabilities of the Board which shall be prepared in such a manner as to show separately the fixed or capital assets of the Board and the sums owing on account of loans or advances. ( 2) The Board shall cause to be kept proper and snffi- c.:icnt books of account and other books in relation to its business and such books shall be kept at tha office of the Board und shall be open to the inspection of members of the Board and the principal audit officer nnd his deputies. A111uml l'epo,·~ 21. 'Tho Board shall furnish to the Administrator in "nd 1,ucUt,, Cnnncil as soon as possible after the expiration of each finnncial year a report upon the administration of the affairs of the Board during the preceding year, together with a balance sheet and statement of the revenue and expenditure of the Board duly audited by the principal audit officer or such other auditor as may be approved by- the Administrator in Council. The report, balance sheet and statement shall as soon as possible thereafter he faid before the Legislative Council. Exemption from Income Ta.x

22. Notwithstanding the provisions of the Income Tax Ch. 210. Ordinance, Chapter 2 10, the income of the Board shall be ·wholly exempt from Income Tax. 153 No. 24.J Ti111ber Industry Development Board Ordinance. [1963. SCI-IED ULE. (section 8 ( 2)) MEBTINGS 01'' TIU: Bo,um.

1. The Board shall meet at such times as may be necessary or expedient for trnnsacting its business.

2. The Chairman may at any time summon a meeting of the Board and Oll a requisition by any three members he shall sum- 111011 a meeting. Such requisition shall state the objct:t for wl1ich the meeting is required to be summoned.

3. In cases in which the Chairman shall so direct, decisions of the Board may be taken by the recording of the opinions of members on papers circulated amo11g them. Where papers are circulated, the Chairman may direct that the papers shall not be circulated to any member who through interest, iHness, absence. f tom the Island or otherwise is, in the opinion of the Chairman, incapacitated from voting on such papers.

4. The quorum of the Board at any meeting or for the purpose of voting on papers circulated shall be three, but subject thereto, the Board may act notwithstamling any vacancy in the number of its members.

5. The decisions of the Board sha11 be by the majo.rity of votes. In any case in which the voting shall be equal, the Chairman shall have a second or casting vote.

6. In the absence of the Chairman the members present shall appoint one of their members to act as Chairman of any meeting.

7. Minutes of each meeting shall be confirmed by the Chair- mar'l at the nex:t succeeding meetin'g. Certified copies of such minutes when so confirmed shall be forwarded to the Minister. l\tl. C. SALLES-MIQUELLE, Deputy Speaker. Passed this 30th day of December, r96J. D. M. THOMAS, Acting Clerk of the Legislative Council. ST. T.UCIA PRINTED DY THE GQVF.RNMF.NT PRINTER AT THE GOVERNMENT PRlNTING OFFICR, CASTRIES. 1964. [Price 12 cents.]