Draft Bill: Banana (Leaf Spot Control)...

Group Title: Official gazette, Dominica.
Title: Official gazette - Dominica
Full Citation
Permanent Link: http://ufdc.ufl.edu/UF00076862/00085
 Material Information
Title: Official gazette - Dominica
Physical Description: v. : ; 31 cm.
Language: English
Creator: Dominica
Publisher: s.n.
Place of Publication: Roseau
Frequency: weekly
Subject: Politics and government -- Dominica   ( lcsh )
Genre: periodical   ( marcgt )
Dates or Sequential Designation: v. 1- April 5, 1865-
 Record Information
Bibliographic ID: UF00076862
Volume ID: VID00085
Source Institution: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: aleph - 000976222
oclc - 01670671
notis - AEV1925

Table of Contents
        Page 94
        Page 95
    Draft Bill: Banana (Leaf Spot Control) Ordinance, 1951
        Page A 1
        Page A 2
        Page A 3
        Page A 4
        Page A 5
        Page A 6
        Page A 7
        Page A 8
Full Text




S94 .

SMAY 21 1i zette.


Sub li i eb y utIl t 0 orit


government Notices.

.4dt in istrator'os Oifier,
.. ....' 2fith April, 1951.
IT is hereby notified, for general information, that His HoFNO
]EWIN 'Pi;TEI A iOWSMITH, C M.G. Adminitirator of Dominica.
returned tto lp t ol ny today and resumed the Administration of tne
Governmewlr rj'ti.e Colony (cf Dominica
A,'iitnp Gore/meni r Scu erla/.
Administiatoi 's Office '"
*6lh April, 1951.
The undermentioned draft Bill which it is proposed to introduce in the Legis-
lative Council is published, for general information, with this iss.e of the Oficial
Gazette :-
An Ordinance for the purpose of combatting Cerecospora Leaf Spot of Banana.

Executive Engineers, Works and
Hydraulics Department Trinidad and
Applications are invited by the Govern-
ment of Trinidad and Tobago for two
posts of Executive Engineer, Works and
Hydraulics Department.
The posts are pensionable and the salary
will be in the scale of $3120 120-$33140-240-
$5280 per annum. A commencing salary
above the minimum may be paid to the
candidates selected if their experience
qualifications or war service warrant it.
Appointments will be on probation for


By Order,
Acting Government Secretary.

two years in the first instance. In other
respects the appointments will be subject
to the Colonial Regulations and the local
Civil Service Regulations and Instructicns.
The duties attaching to the post of
Executive Engineer are as follows: To
take charge of all works on maintenance
and construction of buildings, roads and
bridges, of an important territorial dis.
trict and to be responsible for the full
technical, administrative, financial and
disciplinary control of the district.
Candidates should possess one of the
following professional qualifications: Cor-
porate Membership of the Institution of
Civil Engineers, or a Diploma or Degree

No. 21



exempting from Sections A and B of the the officer, free passage on leave
Associate Membership Examination of the rfter a prescribed mininum tour
Institution of Civil Engineers with at not exceeding thd cost of normal
least twe (2) years post graduate experi- sea passages to the United Kingdom
ence on major civil engineering works. for the officer, his wife and children
In the case of an overseas officer, the subject to a maximum of three
conditions of employment include: adult fares.
(a) Provision of furnished quarters for (cl Payment of outfit allowance of
which a rental of 10% of salary sub- $288.00 to officers from non-tropical
ject to a maximum of $50 per month countries on first appointment.
is payable or in lieu of quarters The successful candidates will be requir-
payment of a house allowance equi. ed to pass a medical examination They
valent to the difference between may also be required to serve and reside
rental paid for privately owned anywhere in 1he Colony at the Governor's
houses and 10% of officer's monthly discretion.
salary plus 5/12% of estimated
vaalu of furniture, subject to Applications shou d be submitted to the
amu of $ furniture, s ect to a Colonial Secretary, Red House, Port of
married officer, and $20 per month Spain. to reach him not later than :0Oth
for an unmarried officer. April, 1951. Certified (opies and not
fr as e originals of testimonials should be submit.
(b) Free first class passages on first rritted.
appointment for the officer and his
family not exceeding five persons in J. O'CONNOR,
all. Subject to review at any lime Acting Colonial Secretary.
and not as a permanent right of 260/49

Printed at the BULLETIN OFFICE, Roseau, by G, A, JAMES-By Authority


I assent
...... ..... ..... ...............
S1951. Governor.

(Gazetted 1951)
P Be it enacted by the Governor with the advice and consent
of the Legislative Council of Dominica as follows :-
1. This Ordinance may be cited as the
2 For the purposes of this Ordinance- Interpretation
"banana grower means any owner or tenant of
land who produces bananas thereon for export,
or for sale or delivery for export, and any
attorney, agent or manager of such owner or
tenant ;
equipment means all appliances used for the
treatment of leaf spot ;
export means to take, or to cause to be taken,
out of the Colony of Dominica ;
leaf spot means Cercospora musae ;
"materials means all substances and prepara-
tions used for the treatment of leaf spot,
3. (1) TheBoard of Management of the Dominica Hana- Fundsofthe
na Association shall place at the disposal of the Board estab- Board,
lished under the provisions of section 4 of this Ordinance all
amounts of the cess which are appropriated for meeting the
cost of combating Leaf Spot Disease.
(2) The monies placed at the disposal of the Board
under the provisions of subsection (1) of this section shall be
paid out to the Board by the Board of Management of the
Dominica Banana Association in such sums as the Board from
time to time by writing may require,


The Board. 4. (1) There shall be established a Board which shall
have control over all matters pertaining to Leaf Spot through-
out the Colony and shall be styled the Banana Leaf Spot Con-
trol Board (hereinafter referred to as the Board ").
(2) The Board shall consist of a Chairman to be ap-
pointed by the Governor and five other members to be simi-
larly appointed, two of whom shall be nominated by the
Dominica Banana Association and one by the Antilles Pro-
ducts Limited.
(3) The members of the Board shall hold office for
a period of one year, but each member shall be eligible for re-
appointment to the Board at the expiration of such period,
and similarly at the end of any subsequent year for which he
is re-appointed. Provided that all members of the Board
shall at all times hold office subject to the pleasure of the
(4) Subject to subsection 2 of this section the Gov-
ernor, by appointment, may fil any vacancy in the member-
ship of the Board caused by the death, removal, resignation,
illness, absence from the Colony or inability to act of any
member thereof, and may at any time appoint an acting mem-
ber to serve on the Board during the temporary absence or
incapacity of a member.
Provisions re- 5. (1) Three members of the Board, including the
lating to the
Board, Chairman (or the Acting Chairman), shall form a quorum
(2) The members present shall, from among them-
selves, appoint an. acting chairman at any meeting where the
Chairman is absent.
(3) The Board shall be deemed to be fully constituted
for the purposes of this Ordinance notwithstanding any
vacancy or vacancies among the members.
(4) The Chairman shall have an original and a cast-
ing vote, and all matters and questions shall be decided by
the majority of the members present and voting.
(5) The Board may regulate its own procedure, in
respect of any maTters not expressly provided for by this
Ordinance or any rules made thereunder.
Non-liability 6. No personal liability shall attach to any member of
of the Board. the B-ard in respect of anything done or suffered in good
faith under the provisions of this Ordinance.
7. (1) It shall be lawful for the Board from time to
Boar. e time to appoint such employees as may be necessary, and all
persons appointed by the Board shall hold office at the plea.


sure of the Board, and shall receive such remuneration as the
Board, may think fit. Such remuneration shall be paid from
the sums paid out to the Board by the Board of Management
of the Dominica Banana Association.
(2) The Chairman and members of the Board shall
be entitled to reimbursement of traveling expenses properly
8 Every application made to the Board by or on behalf Applications
for equ:tlmeyt
of any banana grower, in accordance with the provisions (f andmaterials.
this Ordinance, for an issue of equipment and materials shall
be considered by the Board on its merits, ard the Board shall
issue such equipment and materials as they think desirable
or necessary : Provided that any person who is aggrieved by
a refusal of the Board to issue equipment or materials may
within twenty-eight days of such refusal appeal in writing to
the Governor in Council.
(2) Every such application shall be made to the
Board in writing in the pre-cribed form. or a form as near
thereto as may be
(3) Every issue of equipment shall be made free, on
loan, to the grower, and the equipment shall remain the pro-
perty of the Board, and all materials shall be issued free of
cost to the grower, and shall remain the property of the Hoard
until they are used for the purposes for which they were
(4) Every issue of equipment or materials shall be
made subject to such terms and conditions as the board think
fit, and the Board may require any grower to enter into an
agreement relating to any such issue.
(5) The Chairman, or any member of the Board (or
any person duly authorized by the Board) may at any time
enter upon any land or premises in respect of which an apple .
cation has been made under this section. for the purpose of
making an inspection or for arny other purpose connected with
or arising out of any of the matters provided for by this Ordi.
9. (') Without prejudice to the powers of the Board Conditrn mof
to impose terms and conditions under section 8 of this Ordi-
nance, every banana grower to wh m equipment or materials
are issued under this Ordinance shall in respect of every such
issue, observe all the following conditions and shall be icspon-
sible for their observance by h s attorney, agent, manager
and servants :


(a) he shall be responsible for the care of the
equipment, and for maintaining it in efficient
and proper working condition, and for the
proper care of all unused materials issued to
(b) him ; he shall use the equipment and materials
only in the treatment of leaf spot;
(c) he shall use the equipment and materials in the
manner advised, and in accordance with the
directions given, by the Board and its officers
or agents;
(d) he shall use the equipment and materials and
permit them to be used only upon areas of land
approved by the Board and its officers or agents
(e) he shall furnish such reportsas the Board from
time to time may require, together with
full information as to the use which is being
made of anty equipment and materials issued to
him, and as to the effect of the treatment in
connection with which the equipment ard
materials are u-ed ;
(f) he shall at all times permit any officer or agent
of the Board, or any person authorised by the
Board, to enter upon his land and to inspect his
land and bananas and the equipment and
materials ;
(g) he shall forthwith notify the Board, in writing
if at any time he ceases to be in possession or
occupation of the land or any of it, in respect of
which any equipment or materials have been
issued by the Board;
(h) he shall forthwith notify the Board, in writing,
of the happening of any of the following events
in relation to land, or any part thereof. in res-
pect of which the equipment or materials were
(i) any sale, lease or sub-lease of the land ;
(ii) any change in, or matter affecting, his
interest in or title to the land.
(2) Without prejudice, and in addition to, the
powers of the Board to withdraw equipment and materials.
any person who contravenes or fails to comply with any of
the provisions of this section shall be guilty of an offence
against this Ordinance.


(3) Notwithstanding anything in this section con-
tained the Board, in any case, may exempt any person from
compliance with any of the requirements of sub-section (1) of
this section.
10. The Board shall have power to decide in every case Powers of
Eloard as to
the extent and duration of the treatment, the methods to be treatment
employed and the type of equipment and k;nds of materials
to be used.
11. (1) The Board in any case where a banana grower
(a) failed to use any equipment or materials issued
to him under this Ordinance for the purposes for
which such equipment and materials were
issued ; or
(b) failed to use such equipment or materials in
accordance with the directions of the Board or
any of its officers or agents;
(c) done or omitted to do anything in breach of any
agreement, or of any term or condition up n
which such equipment and mat-rials were
issued ;
(I1) given, in the opinion of the Board, any other
good and sufficient cause;
may withdraw any equipment or materials issued under this
Ordinance without the necessity for awaiting the taking of pro-
ceedings for an offence under this section, and for such pur-
pose may enter]upon the land or premises of the grower.
(2) Any person who refuses, or without good excuse
fails, to return to the Board any such equipment or materials
upon demand made by the Board or any person authorized by
the Board, shall be guilty of an offence against this OLdinance
12. (1) Notwithstanding anything in this Ordinance compulsory is-
contained, the Board, in any case where they deem it neces- eent eu P-
sary, may require a banana grower (although no application
for assistance has been made under this Ordinance by or on
behalf of such grower) to accept from the Board an issue of.
and to use in connection with his land and bananas, such
equipment and materials as the Board think fit. and may give
to such grower directions to be obeyed by him as to the use of
the equipment and materials.
(2) Every compulsory issue under subsection (1) of
this section shall be made in such manner as the loard think
fit, but in every case, at least seven days before the issue is


made, the Board shall give notice in writing of their intentions,
to the grower to whom the issue is to be made, (such notice
to be served in the manner required by this Ordinance), and
in every notice shall call attention to the powers given to the
Board under subsection (4) of this section,
(3) All the relevant provision of this Ordinance rela-
ting to an issue of equipment and materials following upon
an application made under section 8 of this Ordinance, and to
the terms and conditions which may be imposed upon banana
growers in relation thereto, arid to the powers exercisable by
the B oard (and by persons authorized by the Board) in con-
nection therewith, and the penalties applicable to, such an
issue, shall be applicable in like manner to compulsory issues
of equipment and materials made under subsection (1) of this
(4) In any case where a banana grower has been
served with a notice in accordance with the provisions of sub-
section (2) of this section, and thereafter refuses to accept a
compulsory issue of equipment and mater als, or refuses or
neglects to use the equipment and materials, or to use them
in accordance with the directions of the Board, the grower
shall be guilty of an offence against this Ordinance. In any
such case the Board, (and any officer or agent of the Board)
without the necessity for awaiting the taking of proceedings
for an offence under this section, may enter forthwith upon
the land and premises of the grower and may use the neces-
sary equipment and materials upon his land and ban nas in
such manner as they think fit, and all the expenses in connec-
tion with the supply and use of such equipment and materials
shall be payable by, and may be recovered at the suit of the
Board from the grower.
amounts and 13. (1) The Board shall keep such accounts of receipts,
expenses and stores as may be prescribed by the Auditor of
the Windward Islands or some suitable person appointed by
the Governor for the purpose.
(2) The accounts relating to the transactions of the
Board shall from time to time be audited by the Auditor of
the, Windward Islands or some other suitable person a point-
ed by the Governor for the purpose, who shall have recourse
to the books apd accounts of the Board.
Annual Report 14. The Board shall prepare annually a report of its
operations, which shall be submitted to the Governor and
laid on the table of the Legislative Council.


15. (1) The Board, at any time, may require any per- Retirnm
son to make a return giving full and accurate particulars of
any matters relating to any of the purposes or provisions of
this Ordinance.
(2) Where any person refuses, or without lawful
excuse neglects, to make any such return, or in any such re-
turn knowingly gives any false particulars or makes any
false statement, he shall be guilty of an offence against this
Ordinance, and the Board may withdraw any equipment and
materials which may have been issued to suce p-rson under
this Ordinance without the necessity for awaiting the taking
S of prove eJings for an offence under this section.
16. Any person who in any way obstructs or impedes Obstructim
any authorized person in the exercise of any powers conferre
by any of the, provisions of this Ordinance, shall be guilty of
an offence against this Ordinance.
17. (1) Every person who is found guilty of an offence Pena!tes
against this Ordinance or who fails to comply with any provi-
sion contained in this Ord:nance, shall be liable on summary
conviction before a District Magistrte to a penalty not
exceeding Two hundred and forty dollars, or in default of
payment thereof to imprisonment for a term not exceeding
six months, .and in the casa of a continuing offence, to a
further fine not exceeding Nine dollars and sixty cents in res-
pect of each day on which the offence continues after convic-
(2) Where a company is fou id guilty of an offence "Tences by
against this Ordinance or fails to comply with any provision
contained in this Ordinance, every director, manager, agent
and officer of the company who is knowingly a party to, or
who aids or abets, such offerce sthrll be gu Ity of the like
offence and shall be liable to the like penalty.
18. The Governor in council with the advice of the
I'oard, may make rules prcscrioing me forms, notices and
agreements to be used under the provisions of this Ordinance.
19. (') All materials, and all equipment and stores Exemptin
from Import
required for the purposes of this Ordinance and impol ted Duty andPack-
or taken out of b 3nd by che -oard, shall ne exempted from age Tac
the payment of Import Duty and Package Tax.
(2) In any case where a merchant or trader in the Colony
supplies to the Board any such gods -


(a) which were first imported into the Colony with-
in a period of two years prior to the date when
they are supplied to the Board ; and
(b) which, if they had been imported by the Board,
would be exempted under this Ordinance from
the payment of Import Duty and Package Tax,
the Board, shall be entitled to a drawback of any Import
Duty and Package Tax proved to have been paid on ihe
first importation of the goods
Service of 20 Ary notice or other document required or autho-
Douments ised to be served under this Ordinance may be served-
(a) by delivering it to the person on whom it is
to be served or to the known agent of such
person ; or
(b) by sending it through the post in a registered
letter addressed to the last known place of
abode or office of the person to be served; or
(c) in the case of a company, by delivering it to
the secretary or clerk of the company at its
registered or principal office, or by sending it
through the post in a registered letter to be
addressed to the secretary or clerk at such
Passed this day of 1951.

Clerk of the Legislative Council

Objects and Reasons
The object of this Bill is to provide for combating
Cercospora Leaf Spot of Bananas in the Colony
Crown Attorney.

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