ARRANGEMENT OF SECTIONS
1 Short title
3 Provision for fines and penalties
4 Liability of third parties
6 Injunction and specific performance
7 Contracts to grow and deliver and charge on land
8 Devolution of shares on transfer of land
9 Power of trustees and director
10 Trustees and directors authorised to invest on lands subject to contracts
11 Stamp duty
13 Registered lands
14 Restraint of trade
15 Register to be kept and to be open to inspection
16 Minister's power to hold enquiry
17 Costs of enquiry
18 Delivery of books, vouchers
19 Penally for non-delivery
THE JAMAICA CO-OPERATIVE MARKETING ASSOCIATION PROTECTION ACT
[Date of Commencement: 7th March, 1928]
<IN:LF:0,RT:0.5,FI:0> This Act may be cited as the Jamaica Co-operative Marketing Association Protection Act.
<IN:LF:0,RT:0.5,FI:0> In this Act-
"co-operative association" means any society registered under the Industrial and Provident Societies Act, and any company incorporated under the Companies Act having as its principal object the co-operative marketing of any commodity grown or manufactured in Jamaica;
"co-operative marketing contract" means any contract entered into with any co-operative association to deliver to or sell through such co-operative association or in accordance with its directions any commodity grown or manufactured in Jamaica and not expressed to be made so as to exclude the provisions of this Act.
All co-operative associations shall have the power to provide under their articles of association or rules and regulations as the case may be and or under any co-operative marketing contract for the payment by its members of fines and penalties and or specific or ascertainable sums of money by way of liquidated damages for any infringement of its rules and regulations or for any breach of a co-operative marketing contract or any term thereof and may further provide that the party found guilty of any breach of any co-operative marketing contract or of any term thereof shall pay all costs, expenses and fees in case any action in respect of such breach is brought by the co-operative association.
Every person or company having knowledge or notice of the existence of a co-operative marketing contract who solicits or persuades or aids or abets any person to sell or deliver any agricultural or manufactured product otherwise than in accordance with the terms of such co-operative marketing contract or buys from or accepts or receives for sale or for auction or for display for sale any agricultural or manufactured product delivered by any such contracting person otherwise than in accordance with the terms of such co-operative marketing contract shall be liable on summary conviction by a Resident Magistrate to a penalty to be recovered summarily of two hundred dollars for the first offence and in default of payment to imprisonment with or without hard labour for a period not exceeding sixty days; and four hundred dollars for any subsequent offence and in default of payment such person or in the case of a company the manager or agent in Jamaica of such company shall be liable to imprisonment with or without hard labour for a period not exceeding six months; and on every conviction of any person or company for any offence under this section such person or company shall in addition be liable to pay to such co-operative association double the local market price, at the date of the offence, of the product dealt with as aforesaid in breach of the co-operative marketing contract and in respect of which such conviction shall be entered which said value shall be determined and declared by the Resident Magistrate on conviction and the said amount when declared by the Resident Magistrate shall be deemed to be a judgment debt and shall be enforced as a judgment of the Court and the jurisdiction of the Resident Magistrate under this section shall not in any way be limited by the jurisdiction prescribed by the Judicature (Resident Magistrate's) Act or any amendment thereof or any enactment passed in substitution therefor. In the event of any person or persons absent from Jamaica or any company not registered in Jamaica becoming liable to pay the value determined and declared by a Resident Magistrate as aforesaid the said judgment shall be entered and enforceable against the manager.
This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.