INDUSTRIAL INCENTIVES (FACTORY CONSTRUCTION) ACT

ARRANGEMENT OF SECTIONS

PART I
General

   1   Short title

   2   Interpretation

   3   Approved builder may construct factory

   4   Power of Minister to grant or revoke licences

   5   Transfer of rights and obligations on sale or lease of factory

   6   Grant of licences to Jamaica Promotions Corporation

   7   Applications for licence

 

PART II
Tax Concessions

Customs Duties and General Consumption Tax

   8   Free entry of articles for factory construction

   9   Articles for factory construction not to be used for any other purpose

   10   Power of Minister to permit disposal of articles for factory construction

   11   Application of Third Schedule to General Consumption Tax Act

 

Income Tax

   12   Relief from income tax

   13   Dividends

 

PART III
Miscellaneous

   14   Restriction of use of factory

   15   [Deleted by Act 4 of 2000 s 13.]

   16   Regulations

      SCHEDULES

 

THE INDUSTRIAL INCENTIVES (FACTORY CONSTRUCTION) ACT

[Date of Commencement: 21st February, 1961]

Laws
9 of 1961,
30 of 1961.

Acts
23 of 1972,
12 of 1985,
7 of 1990,
16 of 1991,
4 of 2001.

LN 165/1999.

PART I
General (sections 1-7)

1   Short title

   This Act may be cited as the Industrial Incentives (Factory Construction) Act.

2   Interpretation

   In this Act, unless the contrary intention appears-

   "approved builder" means a company which holds a licence or is a company listed in the Third Schedule;

[4/2001 s 2(a).]

   "articles for factory construction" means any of the articles specified in the First Schedule;

   "company" means any company incorporated or registered under any enactment in force in the Island or any company which, though incorporated or registered outside the Island, carries on business or has an office or place of business therein;

   "factory" in relation to-

   (a)   an approved enterprise under the Industrial Incentives Act, means any such factory premises as are referred to in section 4 of that Act;

   (b)   an approved export manufacturer or an approved export service provider under the Export Industry Encouragement Act, has the meaning assigned to it by section 2 of that Act;

[4/2001 s 2(b).]

   "licence" means a licence granted under this Act and includes a licence transferred by virtue of section 5;

[30/1961 s 2(a).]

   "recognised enterprise" means-

   (a)   an approved enterprise under the Industrial Incentives Act; or

   (b)   an approved export manufacturer under the Export Industry Encouragement Act;

   "relevant statutory period" means the period commencing on the date determined by the Minister to be the date of completion of the construction of the relevant factory by an approved builder and ending fifteen years after the first day of January next following such date of completion;

[30/1961 s 2(b).]

   "scheduled enactments" means the enactments set out in the Second Schedule.

3   Approved builder may construct factory

   (1) Notwithstanding anything to the contrary, where under any of the scheduled enactments a recognised enterprise is required to establish a factory it shall be lawful, subject to the provisions of this Act, for such factory to be constructed by an approved builder instead of by the said enterprise.

   (2) Where pursuant to subsection (1) a factory is being constructed by an approved builder, such construction shall, subject to the provisions of this Act, be carried out as if it were being carried out by the recognised enterprise concerned, and subject as aforesaid, the provisions of the relevant scheduled enactment shall apply to the construction of the factory as they would have applied if such construction were being carried out by the recognised enterprise concerned.

4   Power of Minister to grant or revoke licences

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   (1) The Minister may grant a licence to a company in respect of the construction of a factory under this Act if he is satisfied that-

[30/1961 s 3(a).]

   (a)   the company is able to finance the construction of the factory; and

   (b)   the company has entered into an agreement with the recognised enterprise concerned for the lease of the factory for a period of at least five years.

   (2) Every licence shall be subject to such conditions as the Minister may specify therein, so, however, that it shall be a condition of every licence that the company shall retain ownership of the factory during the relevant statutory period unless at some time during that period the company sells or leases the factory.

[30/1961 s 3(b); 4/2001 s 3(a).]

   (3) Where it appears to the Minister that a company holding a licence has contravened any of the conditions specified in such licence or any of the provisions of this Act or the regulations made thereunder, he shall serve upon the company a notice requiring it within such reasonable time not being less than fourteen days, as may be specified in the notice, to do all such things as will make good to the satisfaction of the Minister any default or deficiency arising by way of the contravention.

[30/1961 s 3(b).]

   (4) If a company fails to comply with a notice served under subsection (3) then, after the expiration of the time specified in the notice, the Minister may revoke the licence of the company.

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