COCONUT INDUSTRY CONTROL ACT

ARRANGEMENT OF SECTIONS

   1   Short title

 

PART I
Preliminary

   2   Interpretation

 

PART II
Constitution and Powers of Coconut Industry Board

   3   Establishment of Board

   4   Appointment and election of members of Board

   5   Election and voting rights

   6   Grant of leave of absence to members

   7   Retirement of members

   8   Co-option of members

   9   Incorporation of Board

   10   Liability of members of the Board

   11   Meetings and procedure thereat

   12   Remuneration of members of the Board

   13   Appointment of officers and servants

   14   General powers of the Board

   15   No person other than Board to sell or purchase copra in the island

   16   Board required to purchase all marketable copra

   17   Board required to sell copra to manufacturers

   18   [Repealed by Act 31 of 1987.]

 

PART III
Control of Coconut Industry

   19   [Repealed by Act 31 of 1987.]

   20   Regulations

   21   Power to add to or remove from Schedule

   22   Power to exempt from the Act

   23   [Repealed by Act 31 of 1987.]

   24   [Repealed by Act 31 of 1987.]

   25   Right of appeal from decision of Board

 

PART IV
General

   26   Right of Board to obtain information from the Commissioner of Customs and Excise, etc

   27   Report of Board and audited accounts to be forwarded annually

   28   Offence by companies

      SCHEDULE

 

THE COCONUT INDUSTRY CONTROL ACT

[Date of Commencement: 21st June, 1945]

<IN:LF:0,RT:1.64514,FI:0>Cap 62.

<IN:LF:0,RT:1.64514,FI:0>Acts
12 of 1985,
31 of 1987,
42 of 1995,
7 of 2003.

<IN:LF:0,RT:1.64514,FI:0>LN 130/03.

1   Short title

   This Act may be cited as the Coconut Industry Control Act.

PART I
Preliminary (section 2)

2   Interpretation

<IN:LF:0,RT:1.64514,FI:0>   In this Act-

   "boiled coconut oil" means coconut oil produced other than by a manufacturer licensed under this Act or under the Coconut Industry Aid Act;

   "coconut grower" means a person in possession of or controlling land whereon bearing coconut trees are growing;

   "coconut" means mature (dry) coconuts and water (jelly) coconuts;

[7/2003 s 3(a).]

   "coconut oil" means oil obtained by any process from coconuts or from copra;

   "coconut products" includes copra, coconut oil and any product made wholly or in part from any part of the coconut;

   "copra" means the kernel of the coconut, wholly or partly dried;

   "copra maker" means any person who by machinery or otherwise subjects to a drying process the kernel of the coconut, in a manner calculated to produce copra;

   "disposal" means-

   (a)   the export or the conversion into copra or into any coconut product of any coconuts by the grower thereof; and

   (b)    the sale or delivery of any coconuts by the grower thereof to any other person for any purpose;

   "election day" means the day on which an election to the Board is held;

   "elected member" means a member of the Board elected in accordance with the provisions of section 4;

   "export" or "exportation", with their grammatical variations and cognate expressions, means to take or cause to be taken out of the Island of Jamaica or the waters thereof;

   "exporter" includes any person by whom any coconuts or coconut products are exported from the Island or supplied for use as aircrafts, or ships, stores, and also the owner, or any person acting on his behalf, and any person who for customs purposes signs any document relating to coconuts or coconut products exported or intended for exportation or supplied or intended for supply as aircrafts, or ships, stores;

   "local trader" means any or all of the following-

   (i)   a person, not being a grower, who sells coconuts for any purpose other than exportation;

   (ii)   a person who buys coconuts for any purpose other than export or the making of copra;

   (iii)   a person who buys or sells boiled coconut oil, but the expression shall not include a person who shall not at any one time be in possession or control of more than five bags of coconuts or of more than ten gallons of boiled coconut oil;

   "local manufacturer" means any person licensed to manufacture coconut products under this Act or under the Coconut Industry Aid Act;

   "nominated member" means a member of the Board appointed by the Minister in accordance with the provisions of section 4;

   "the Board" means the Coconut Industry Board established under this Act;

   "substitutes" means oil or fat except oil or fat from animals, produced locally or imported into the Island and used as raw material in the manufature of edible oil or edible fat or sold in the form produced or imported, as edible oil or edible fat.

[42/1995 s 2(b).]

   "substitutes" means-

   (a)   edible oil or edible fat, except oil or fat from animals;

   (b)   any oil or fat producing item set out in the Second Schedule; or

   (c)   soap made wholly or in part from oil or fat, except liquid or powdered detergent,

whether produced locally or imported into the Island.

[7/2003 s 3(b).]

PART II
Constitution and Powers of Coconut Industry Board (sections 3-18)

3   Establishment of Board

   (1) There shall be established a Coconut Industry Board which shall consist of nine members who shall be appointed and elected in accordance with the provisions of subsection (1) and of subsection (3), respectively, of section 4.

   (2) The powers of the Board shall not be affected by any vacancy in the membership thereof.

4   Appointment and election of members of Board

   (1) The Minister shall appoint four members of the Board, one of whom shall be the Chairman, who, subject to the provisions of subsection (2) and of section 7, shall hold office for three years from the date of appointment but shall be eligible for reappointment.

   (2) The Minister may at any time remove any member appointed under subsection (1).

   (3) The registered coconut growers shall elect five members of the Board who shall either be themselves registered coconut growers or the attorneys for such registered coconut growers or the managing directors or managers of companies which are registered coconut growers.

   (4) Subject to the provisions of subsection (1) and subsection (3) of section 7, every member elected to the Board in accordance with the provisions of subsection (3) shall hold office until election day in the year next but two after the Year of his election to the Board.

5   Election and voting rights

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   (1) There shall be an election in each year to fill any vacancy in the number of elected members of the Board.

   (2) At any election every registered coconut grower who in the prescribed period in relation to such election produced or is deemed to have produced any coconuts the disposal of which is recorded in the prescribed manner shall be entitled in respect of the first three hundred units or part thereof so recorded to one vote, and in respect of each additional two hundred units or part thereof so recorded to one additional vote, so, however, that no registered coconut grower shall be entitled to more than thirty votes.

<IN:LF:0,RT:1.64514,FI:0>   (3) For the purposes of subsection (2)-

   (a)   "unit" means one hundred and fifty pounds or such other weight or quantity or number of coconuts as may be prescribed;

   (b)   every registered coconut grower who at the time of any election is in possession or control of any land on which coconuts were grown during the prescribed period in relation to such election shall be deemed to have produced such coconuts notwithstanding that he first came into possession or control of the land after the coconuts were produced.

   (4) So soon as may be after the holding of any election, the Board shall cause a notice to be published in the Gazette specifying the names of the persons elected to the Board at such election.

[31/1987 s 3.]

6   Grant of leave of absence to members

   (1) The Minister may, on the application of the Chairman or of any other nominated member, grant to such Chairman or nominated member, as the case may be, leave of absence for any period not exceeding six months and may appoint some other person to act as Chairman or as a nominated member, as the case may be, during the period of leave of absence so granted.

   (2) Where the Minister appoints any nominated member to act as Chairman under the provisions of subsection (1), he may appoint some other person to act. as a nominated member in the place of the nominated member appointed to act as Chairman.

   (3) The Board may, on the application of any elected member, grant to such member leave of absence for any period not exceeding six months and may co-opt some other person eligible for election to the Board to act for such elected member during such period.

7   Retirement of members

   (1) There shall retire from the Board on election day-

   (a)   next after the first election, two elected members; and

   (b)   next but one after the first election, two elected members; and

   (c)   next but two after the first election, one elected member;

and so thereafter in each succeeding triennial period:

   Provided that any member retiring under this section shall be eligible for re-election.

   (2) Elected members shall retire in the order of their seniority, the member who has served longest since he slats last elected to the Board retiring first, and as between members of the same seniority the order of retirement shall be determined by lot.

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