BELIZE

BANANA INDUSTRY ACT

CHAPTER 205

REVISED EDITION 2000

SHOWING THE LAW AS AT 31ST DECEMBER, 2000

This is a revised edition of the law, prepared by the Law Revision Commissioner
under the authority of the Law Revision Act, Chapter 3 of the Laws of Belize,
Revised Edition 1980 - 1990.

This edition contains a consolidation of the following laws- Page

ARRANGEMENT OF SECTIONS 3

BANANA INDUSTRY ACT 5

Amendments in force as at 31st December, 2000.
 BELIZE

BANANA INDUSTRY ACT

CHAPTER 205

REVISED EDITION 2000

SHOWING THE LAW AS AT 31ST DECEMBER, 2000

This is a revised edition of the law, prepared by the Law Revision Commissioner
under the authority of the Law Revision Act, Chapter 3 of the Laws of Belize,
Revised Edition 1980 - 1990.

This edition contains a consolidation of the following laws- Page

ARRANGEMENT OF SECTIONS 3

BANANA INDUSTRY ACT 5

Amendments in force as at 31st December, 2000.
 Banana Industry [CAP. 205 3

CHAPTER 205

BANANA INDUSTRY

ARRANGEMENT OF SECTIONS

1. Short title.

2. Interpretation.

3. Establishment of the Board.

4. Purposes of the Board.

5. Fulfilling of functions and purposes.

6. Constitution of the Board.

7. Duties.

8. Accounts and audit.

9. Annual report.

10. Project manager, other officers.

11. Restriction on import, export of bananas.

12. Appointment of inspectors.

13. Declaration of designated areas.

14. Prohibition on planting, etc., of bananas in designated area.

15. Interim provision pending licence.

16. Inspector’s right of entry to inspect.

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17. Notice requiring licensee to deal with disease or infestation of bananas

as directed.

18. Right of inspector to take measures in event of non-compliance with

notice by licensee.

19. Regulations.

20. Dissolution of existing Banana Growers’ Association.

21. Establishment of Banana Growers’ Association.

22. Vesting of property, etc., in the Association.

23. Objects of the Association.

24. Membership of the Association - full and provisional.

25. Register of membership.

26. Standing orders of the Association.

27. Committee of Management.

28. Constitution of Committee of Management of the Association.

29. Vacancy in Committee.

30. Committee may make standing orders.

31. Rules of the Association.

32. Annual general meeting of the Association.

33. Special general meeting of the Association.

34. Quorum.

35. Committee to submit estimates of revenue and expenditure.

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36. Annual report.

37. Committee may authorise inspection of plantation, etc.

38. Producer’s delivery licence.

39. Association may impose levy and collect cess.

40. Licences not transferable.

41. Liability of members of the Board of the Association.

42. Application of CAP. 178.

CHAPTER 205

BANANA INDUSTRY CAP. 168,

R.E. 1980-1990.
17 of 1972.
19 of 1972.
21 of 1987.
22 of 1987.
[2nd December, 1972]

1. This Act may be cited as the Banana Industry Act. Short title.

2. In this Act, unless the context requires- Interpretation

“Association” means the Banana Growers’ Association established under

section 21;

“banana” means the whole or any part of the fruit or plant of genus musa;

“banana plantations” include any land whereon bananas are grown or

cultivated;

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“Board” means the Banana Control Board established under section 3;

“Committee” means the Committee of Management of the Banana

Growers’ Association established under section 21;

“designated area” means any area declared to be such an area by the Minister
under section 13;

“inspector” means any person appointed under section 12 and includes any
assistant inspector and any person authorised in writing by the Minister to
carry out any of the functions of an inspector under this Act;

21 of 1987. “licensee” means any person licensed by the Board under section 14;

“mature” means suitable for exporting as fresh fruit;

“merchantable” means wholesome and free from decay, mould, and insect
contamination;

“Minister” means the Minister for the time being charged with responsibility
for the Banana Industry and includes any person by name or by an office
authorised in writing by the Minister to carry out any of his functions under this
Act;

“producer” means any grower of bananas who is licensed by the Committee

under section 38;

“regulations” means any regulations made by the Minister under section 19;

“year of operation” means the period from lst July in one year to 30th June
in the following year or such other yearly accounting period as the Associa-
tion may from time to time adopt in general meeting.
Establishment 3.-(1) There is hereby established a Board to be called the Banana Control
of the Board. Board which shall be a body corporate with perpetual succession and a com-
19 of 1973. mon seal and shall have capacity to purchase, take, hold and dispose of land
and other property of whatever kind, to enter into contracts, to sue and be

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sued in the said name and to do all things necessary for the purposes of this
Act.

(2) The seal of the Board shall be affixed to any instrument in the pres-
ence of the Chairman and shall be authenticated by the joint signature of one
director of the Board and of the secretary. A seal shall not be affixed except by
the authority of a resolution of the Board.

(3) The seal of the Board shall be kept in the custody of the secretary.

4. The purposes of the Board shall be- Purposes of

the Board.
19 of 1973.

(a) to promote, foster and encourage the development of the

banana industry and the export of bananas;

(b) to promote the interests and efficiency of the banana industry

by regulating and controlling production, marketing and
exporting of bananas;

(c) to engage in the production of bananas alone or in associa-

tion with others;

(d) to purchase, sell or export bananas alone or in association

with others;

(e) to supply finance alone or in association with others for the

development of the banana industry;

(f) to borrow money for the purposes of fulfilling its functions;

(g) to acquire, develop, improve land alone or in association

with others for production of bananas;

(h) with the sanction of the Minister, to engage in any other

activities not specified herein which are conducive to the
development of the banana industry.

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Fulfilling of 5. For the purpose of fulfilling its functions and purposes under this Act, the
functions and Board may-
purposes.
19 of 1973. (a) entertain and deal with applications for licences to cultivate
bananas in designated areas;

(b) give directions in writing to the Association and the Asso-

ciation shall comply with such directions;

(c) provide finance in the form of loans;

(d) guarantee loans from other sources;

(e) borrow funds for the purposes of the business of the Board
from sources either in Belize or abroad and give security for
any loans obtained;

(f) furnish managerial, technical and administrative advice and

assist in obtaining managerial, technical and administrative
services for the banana industry;

(g) acquire, hold, take or give on loan or hire, mortgage, pledge

and sell or otherwise dispose of any immovable or movable
property;

(h) open deposit accounts with any bank or financial institution;

(i) make appropriate provision for the welfare of employees of

the Board and of their dependants;

(j) give any guarantee or indemnity to, and enter into any
arrangements with, the Government, any local authority, or
any body corporate or other person, in order to obtain any
rights, concessions and privileges that may seem to the
Board to be conducive to any object of the Board; and

(k) do all such other things as are incidental or conducive to the

attainment of its purposes.
Constitution 6.-(1) The Board shall consist of not more than seven persons appointed by
of the Board.
19 of 1973.
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the Minister, of whom at least four shall be persons not holding office of
emoluments in the Public Service.

(2) Of the seven members, two shall be appointed after consultation

with the Association, one after consultation with the Minister responsible for
Industry, and one after consultation with the Minister responsible for Finance.

(3) The Minister shall appoint one member to be the Chairman. In his
absence the members present shall elect one of their members to preside at the
meeting.

(4) The Minister may appoint another person to act as a member of the
Board in place of a member who is temporarily absent or unable to act as such.

(5) The representatives of the Association shall hold office as members

until any successors have been elected.

(6) A member of the Board appointed by the Minister shall hold office
for such period not exceeding three years as may be prescribed by the Minister
at the time of the appointment of the members but may be reappointed.

(7) A member who is not holding office of emoluments in the Public

Service may resign his post by giving the Minister, through the Chairman, writ-
ten notice of resignation. The Chairman may resign his post by giving a written
notice of resignation to the Minister.

(8) No member of the National Assembly shall be a member.

(9) The names of the members appointed to the Board and every change
and new appointment shall be published in the Gazette.

(10) The Board may act by any five of its members and may so act
notwithstanding any vacancy in the number of members constituting the Board,
and shall have the power to regulate its procedure.

7.-(1) The Board members shall administer, supervise and control the affairs Duties.
and business of the Board subject to any directions of a general character given 19 of 1973.
by the Minister as to the policy to be followed by the Board in the exercise of
performance of its functions.

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(2) No payment out of the funds of the Board shall be made unless it
has been authorised by writing authenticated by the joint signatures of the
Chairman or one member authorised to act in that behalf and of the secretary:

Provided that the officers of the Board who are specifically authorised
by the Board may effect petty disbursements or immediate payments out of
the funds they may be permitted by the Board to hold from time to time.

(3) The Board shall ensure that bananas are grown in accordance with
its established regulations and directions.

(4) The Board shall furnish the Minister with such returns, accounts
and information as he may require with respect to the property, transactions
and activities of the Board, and shall afford him or his duly accredited repre-
sentative all facilities for verification thereof.
Accounts 8.-(1) The Board shall keep proper accounts of all its financial transactions,
and audit. of assets and liabilities, and a complete record of all other matters relating to
19 of 1973. its finances and shall prepare annually a statement of accounts in a manner
satisfactory to the Minister and in conformity with sound commercial practice.

(2) The accounts of the Board shall be audited annually by an auditor

or auditors appointed by the Minister.

(3) The auditor of the Board shall be supplied with a copy of the annual
balance sheet of the Board, and it shall be his duty to examine the balance
sheet together with accounts and vouchers of the Board and shall be entitled
to inquire from the members and the officers of the Board such information
and explanation as may be necessary for the performance of his duties.

(4) The auditor of the Board may, if he so desires, make a continuous

audit of the accounts of the Board.

(5) The auditor of the Board shall make a written report upon the
annual balance sheet and accounts of the Board.

(6) Copies of the report of the auditor shall be transmitted by him to

the Board and to the Minister.

(7) Notwithstanding anything contained in this section, the Minister

may in his discretion, at any time require the Auditor General to examine the
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report on the accounts as well as the accounts of the Board, in which event the
Board shall afford the Auditor General with all facilities for examination as he
may require.

(8) All the expenses incurred for the purpose of auditing shall be paid out
of the funds of the Board.

9.-(1) The Board shall prepare an annual report of its activities as soon as may Annual Report.
be after the close of each financial year. 19 of 1973.

(2) The annual report shall be submitted to the Minister not later than
four months after the close of the Board’s financial year and shall be laid on the
table of the National Assembly.

10.-(1) The Board shall appoint a project manager and/or a secretary. Project manager,
other officers.
(2) The secretary shall be the principal administrative officer responsible 19 of 1973.
for management and control of the business of the Board.

(3) The project manager shall be the principal technical adviser to the
Board and shall generally supervise the production, harvesting, packing,
transportation and shipment of bananas grown in designated areas.

(4) The Board may appoint other officers, servants and agents to carry
out its functions on such terms and conditions as it thinks necessary.

11.-(1) No person shall import into or export from Belize any bananas, except Restriction on
in accordance with the terms and conditions of a valid licence issued to him by import, export of
the Minister after consultation with the Board. bananas.

(2) Any person who contravenes the provisions of this section commits
an offence and shall be liable on summary conviction to a fine not exceeding
two hundred and fifty dollars or to imprisonment for a term not exceeding six
months, or to both such fine and imprisonment, and in addition to the penalty
imposed, the bananas involved in export or import in contravention of these
provisions shall be forfeited to the Crown and shall be disposed of as the Minister
may direct.

12.-(1) The Minister may appoint an inspector and such assistant inspectors as Appointment
may be necessary for the purposes of this Act. of inspectors.

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(2) Any inspector or assistant inspector appointed under this section

shall carry out and enforce the provisions of this Act and any regulations made
thereunder, and for such purpose every assistant inspector shall have all rights,
powers and duties of an inspector.

(3) Any person who obstructs, hinders or molests any inspector or

assistant inspector in the exercise of any of his powers or duties under this Act
commits an offence and shall be liable on summary conviction therefore to a
fine not exceeding two hundred and fifty dollars or to imprisonment for any
term not exceeding six months.
Declaration of 13. The Minister may by Order declare any area of the country to be a
designated areas. designated area for the purposes of this Act.
Prohibition 14.-(1) Subject to the provisions of this Act, no person shall plant, grow,
on planting, etc., cultivate or otherwise be responsible for bananas in any designated area ex-
of bananas in cept in accordance with the terms and conditions of a valid licence issued to
designated area. him by the Board.

(2) A licence issued by the Board under this section shall be in the
prescribed form and may contain such terms and conditions as the Board may
deem fit to impose.

(3) A licence issued by the Board under this section may be revoked
at any time by a notice in writing by the Board addressed to and served upon
the licensee upon the breach by the licensee, his servants or agents, of any of
the terms or conditions of the licence or of any of the provisions of this Act or
of any regulations made thereunder.

(4) Any person who contravenes subsection (1) commits an offence

and shall be liable on summary conviction therefore to a fine not exceeding
three hundred dollars, or to imprisonment for any term not exceeding six months,
or to both, and, in addition, any bananas grown or planted in the area shall be
forfeited to the Crown.
Interim provision 15.-(1) Where at the date of the commencement of the Order made under
pending licence. section 13 there is existing in the designated area a banana plantation, the
provisions of section 14 (1) shall have effect in relation to it only after the
expiration of ninety days from that date.

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(2) The owner of the plantation existing in the designated area shall
however within ninety days from the date of the Order apply to the Board for a
licence required by section 14, and if the Board refuses to grant a licence, the
owner shall destroy the plantation.

16. An inspector may at any time, upon giving reasonable notice to the licensee, Inspector’s
enter and inspect the whole or any part of a banana plantation. right of entry to
inspect.

17. An inspector may, by notice in writing in the prescribed form served upon Notice requiring
a licensee, require the licensee at his own expenses or loss to carry out licensee to deal
disinfection, treatment, destruction and disposal of any diseased or infested with disease or
bananas in such manner and subject to such conditions, including stipulation as infestation of
to time, as may be directed in such notice. bananas as
directed.

18.-(1) If a licensee fails to comply with any direction in any notice served Right of inspector
upon him under section 17 or if he fails to satisfy an inspector that the measures to take measure
taken are adequate, the inspector may on the expiration of any period of time, in event of
if any, stipulated in the notice within which the licensee is directed to act, enter non-compliance
the banana plantation and cause adequate measures to be taken. with notice by
licensee.
(2) The costs of any measures taken under the provisions of subsection
(1) shall be paid by the licensee.

19.-(1) The Minister may, after consultation with the Board, make regulations Regulations.
generally for the control of the planting, growing, cultivation, harvesting,
preventing and curing of infestation and disease, transportation, handling, packing,
and marketing of bananas and, without prejudice to the generality of this
provision, for-

(a) prescribing the form of any licence, notice or any other document
required to be prescribed;

(b) regulation of areas of planting within a designated area and the

acreage to be planted by the licensees;

(c) disinfection, treatment of diseased banana plants;

(d) destruction and disposal of banana plants not suitable for planting

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or likely to infect or adversely affect other banana plants because

of infestation or disease;

(e) destruction, disposal of diseased or infested bananas or articles of

any description whatever likely to infect or adversely affect other
bananas;

(f) prohibition, restriction of cultivation, harvesting, transportation of

diseased or infested bananas;

(g) disinfection, fumigation, treatment of buildings, vehicles, articles

of any description suspected of harbouring disease or pests likely
to affect plants or bananas;

(h) provision of packing houses, their inspection and licensing, method

of packing, issuance of certificates of competency to packers;

(i) measures to be taken to prevent the spread of plant diseases or

pests, including the quarantine of infected or infested plant area;

(j) disinfection and treatment services and payment of fees, if any,

therefor;

(k) prohibition or restriction of transportation of bananas;

(l) grading of bananas during packing, their inspection and certifica-

tion by grading inspectors;

(m) inspection of plantations, packing houses, vehicles used for trans-

portation of bananas and any other thing whatsoever by inspectors
to ensure compliance with this Act and the regulations made
thereunder;

(n) generally carrying into effect any of the provisions of this Act.

(2) Any person who contravenes or fails to comply with any regulation
made under the provisions of this section shall for each offence be liable on
summary conviction to a penalty not exceeding six months, or to any lesser
penalty that may be annexed to the breach of any regulation and, in addition,
there may be annexed to any such breach a provision for forfeiture to the

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Crown of any bananas.

(3) All regulations made pursuant to this section shall be laid before the
National Assembly as soon as may be after making thereof and if the Assembly
by resolution request that such regulations or any of them be rescinded, the
same shall be rescinded by the Minister but without prejudice to the validity of
anything done thereunder.

20. From the date of the commencement of this Act, the present Organisation Dissolution
existing by the name of the Banana Growers’ Association shall cease to exist of existing
and all accounts properly audited shall be handed over within ninety days to the Banana Growers’
new Banana Growers’ Association as established under section 21. Association.

21.-(1) There is hereby created a body corporate by the name of the Banana Establishment of
Growers’ Association with perpetual succession and a common seal which Banana Grower’s
shall be judicially noticed, which may sue and be sued in its corporate name and Association.
may enter into contracts and hold and dispose of land of any tenure and other
property for the purpose of carrying out its functions under this Act.

(2) All deeds, documents or other instruments requiring the seal of the
Association shall be sealed with the common seal of the Association in the
presence of the Chairman and one other member of the Committee who shall
both sign every such deed, document or other instrument to which the common
seal is affixed.

22. Upon the coming into force of this Act all property of whatsoever kind, Vesting of
rights, liabilities and obligations which immediately before the coming into force property, etc., in
of this Act were vested in the Banana Growers’ Association then existing shall the Association.
vest in the Association established under the Act.

23. The objects of the Association shall be- Objects of the

Association.
(a) to promote, foster and encourage the development of the
banana industry and the export of bananas;

(b) to establish and operate packing plants and install other

machinery when necessary;

(c) to prepare and settle contracts for the sale and export of
bananas;

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(d) to assist in settling disputes between members and labour, and

between members inter se;

(e) to act as agents for members or any of them in any matter

within the scope or objects of the Association and to undertake
and execute any trusts or any agency business which may seem
directly or indirectly conducive to the objects of the
Association;

(f) to purchase all fruits from members at pre-determined

collection points;

(g) to make representations to the Board on any matter affecting

the interest of members;

(h) to buy and sell and deal in fertilizers and agricultural imple-
ments and supplies if and when it may be deemed necessary
to do so for the benefit of members;

(i) to invest and deal with the moneys of the Association in such
manner as may from time to time be determined by the Com-
mittee and to pay all costs, charges and expenses that may be
incurred by the Association at any time;

(j) to establish and support and to aid in the establishment and

support of any other association and to become members of
any such association in this country or elsewhere formed for
all or any of the objects of this Association;

(k) to endeavour to obtain for and to extend financial aid to such

members who may require aid in the carrying on of cultiva-
tions;

(l) to borrow or raise or secure the payment of money for the

purposes of the business of the Association;

(m) generally to do all such acts, matters and things as it may

appear to the Committee to be conducive to the attainment of
the above aims and objects or any of them.

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24.-(1) Membership of the Association shall be of two kinds, full members Membership of
and provisional members. the Association -
full and
(2) Any person who on the day prior to the date of the commencement provisional.
of this Act was a member of the Organisation then existing by the name of the
Banana Growers’ Association on application therefor to the Committee shall
be a full member.

(3) Every licensee who satisfies the Committee that he has not less than
thirty acres of bananas in any designated area shall be entitled to become a full
member of the Association on application therefor to the Committee.

(4) Every other licensee who satisfies the Committee that he is licensed
to plant an acreage in bananas of not less than thirty acres in any designated
area shall be entitled to become a provisional member of the Association on
application therefor to the Committee and on payment of the prescribed fee.

(5) Provisional members elected pursuant to subsection (4) may attend

meetings of the Association and for the period of three years from the date of
the commencement of this Act may vote and be eligible to hold office in the
Association:

Provided that on the expiration of the period of three years from the date
of the commencement of this Act they may attend meetings and take part in the
deliberations thereat but they shall have no vote and shall not be eligible to hold
any office in the Association.

25.-(1) The Committee shall keep, in such form as the Board may direct, a Register of
register containing in respect of each member of the Association particulars of- membership.

(a) his full name and address;

(b) the acreage and location of the lands in his possession or

control on which bananas are being produced;

(c) the number of acres under cultivation with bananas, distinguish-

ing between the varieties thereof; and

(d) such other particulars as the Board may from time to time
direct.

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Standing orders 26. The Association may, with the approval of the Board, make standing
of the orders for regulating its proceedings.
Association.

Committee of 27. The affairs of the Association shall be managed by a Committee of

Management. Management which shall have control of the income, capital and property of
the Association, and shall have full authority in all matters connected with the
appointment and dismissal of officers and servants of the Association and
with the administration of the affairs and the accomplishment of the objects
and purposes of the Association.
Constitution of 28.-(1) The Committee shall consist of nine members who shall be duly elected
Committee of by the full members of the Association:
Management of
the Association. Provided that those persons who were members of the Committee of
Management of the Banana Growers’ Association immediately existing on the
date prior to the date of commencement of this Act shall be deemed to have
been elected pursuant to this section and shall hold office until the first annual
general meeting of the Association.

(2) At the first annual general meeting of the Association all the mem-
bers of the Committee shall retire from office but they shall be eligible for re-
election and at the annual general meeting on every subsequent year one-third
of the elected members for the time being or, if the number is not a multiple of
three, then the number nearest to one-third shall retire from office.

(3) The members to retire in every year shall be those who have been
longest in office but as between persons who became members on the same
day those to retire shall (unless they otherwise agree among themselves) be
determined by lot.

(4) A retiring member shall be eligible for re-election.

Vacancy in 29.-(1) A member of the Committee shall vacate his seat if he-
Committee
(a) ceases to be a producer or the attorney, manager or accred-
ited agent of a producer;

(b) is absent from three consecutive meetings of the Committee

without leave of the Committee;

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(c) resigns or is removed from the Committee under the provi-

sions of subsection (2).

(2)A member of the Committee may at any time be removed from office
by a majority of two-thirds of the members present and entitled to vote at a
special general meeting.

(3) The Committee may fill any vacancy among its members caused by
death, resignation, illness, absence from the country or inability to act, by a
temporary appointment from among the members of the Association until an
appointment has been made by the Association in general meeting.

(4) The proceedings of the Committee shall not be invalidated by rea-

son of any temporary vacancy or vacancies in the body of members composing
the Committee and notwithstanding any such vacancy the Committee shall,
subject to the existence of a quorum, be deemed to be properly constituted.

(5) The Committee shall annually elect from amongst its members a
Chairman and a Vice-Chairman.

(6) The Committee shall, subject to the approval of the Board, appoint
a General Manager of the Association who shall be the chief executive officer
of the Association and shall be charged with the general supervision of the
affairs and operations thereof and shall be entitled to be present at all meetings
of the Committee.

30. Subject to the provisions of this Act, the Committee may, with the ap- Committee may
proval of the Board, make standing orders for- make standing
orders.
(a) the regulation of its proceedings, the calling of meetings, the
quorum necessary for the transaction of business, the voting of
the members of the Committee and the retirement in rotation of
members of the Committee;

(b) the appointment of executive committee and subcommittees

and the delegation to such committees of the powers and
duties of the Committee;

(c) the appointment and removal of the officers and servants of the
Association as the Committee may think fit and the allocation

THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000

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of the duties of the officers and servants;

(d) the keeping and presentation of accounts and generally for

carrying into effect the objects of the Association.
Rules of the 31. Subject to the provisions of this Act, the Association in general meeting
Association. may make rules for-

(a) prescribing the rights and privileges and for regulating the
admission and removal of members of the Association;

(b) regulating the use of the facilities of the Association by mem-

bers of the Association and by the public;

(c) prescribing the entrance fees and annual subscriptions to be

paid by members of the Association;

(d) prescribing the fees to be charged by the Association for any

of the services specified in section 23:

Provided that no rules made by the Association under this section shall
come into force until they have been approved by the Board.
Annual general 32. A general meeting of the Association (called the annual general meeting)
meeting of the shall be held within one month of the date of commencement of this Act and
Association. thereafter once in every calendar year not later than 31st August, at such place
as the Committee may appoint.
Special general 33.-(1) A special meeting of the Association shall be called by the secretary-
meeting of the
Association. (a) upon the direction of the Committee; or

(b) upon the receipt by him of a requisition signed by not less than
fifteen members of the Association and specifying the busi-
ness to be transacted thereat.

(2) Every special general meeting called on the requisition of members

of the Association shall be held not less than ten nor more than twenty-one
days from the receipt of the requisition by the secretary.

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 Banana Industry [CAP. 205 21

34.-(1) The quorum at any general meeting, whether annual or special, shall be Quorum.
twenty-five percent of the total number of registered members.

(2) Every member of the Association shall be given at least ten days’
notice of every general meeting, whether annual or special.

(3) Every notice shall, in the case of a special general meeting, specify
the business to be transacted thereat.

35.-(1) The Committee shall, on or before 1st May in each year, prepare and Committee to
submit to the Minister estimates of the income receivable and expenditure to be submit estimates
incurred by the Association during the financial year commencing on 1st July of revenue and
next. expenditure.

(2) The Committee shall submit the said estimates in the form required
by the Minister, who may approve the said estimates as submitted or amend
them and approve them as amended.

(3) When the Minister has approved the said estimates, whether with or
without amendment, he shall cause the approved estimates to be published in
the Gazette.

(4) Save with the approval of the Minister, no further sum shall be
expended during any financial year other than is provided in the estimates
relating to such financial year.

36.-(1) The Committee shall prepare and present to the annual general meeting Annual Report.
of members of the Association, a report of the proceedings for the year ending
30th June preceding such meeting together with a complete statement of its
financial position and its accounts, audited and certified by an auditor approved
by the Minister, for such period.

(2) The Committee shall forward certified copies of the report, state-
ment and accounts to the Minister who shall cause the same to be published in
the Gazette and in at least one local newspaper within six months of the close
of every financial year.

37.-(1) The Committee may authorise any person in writing to enter and in- Committee
spect the banana plantation of any member of the Association and any person may authorise
so authorised shall when requested produce his authority to enter and inspect inspection of
plantation, etc.
THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000

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the banana plantation.

(2) The Committee shall keep full and proper accounts of all its finan-
cial transactions in respect of such financial year.

(3) The Committee shall comply with all lawful directions given to the
Association by the Board.

(4) The Committee shall have and may exercise all the powers
conferred upon the Association by this Act.

(5) The Committee shall submit an annual return to the Board at such
time as the Board may determine of all members of the Association together
with the following particulars in respect of each member-

(a) the acreage and location in which his banana plantation is

situated;

(b) the deliveries of bananas made by him to shippers or other

buyers during the preceding year of operation;

(c) the boxes of bananas in respect of which he has been granted

licences during the preceding year of operation.

(6) Any person who wilfully obstructs, hinders or molests any person
in the performance of his duties under subsection (1) commits an offence and
shall be liable on summary conviction to a fine not exceeding two hundred and
fifty dollars or to imprisonment for any term not exceeding six months.
Producers delivery 38.-(1) The Committee may submit to the Board recommendations for the
licence. annual delivery licence to be issued to each member of the Association, such
recommendation to include the number of boxes (not less than 40 lbs. net) of
bananas and such conditions as to the periods and quantities of each or any
delivery as the Committee thinks fit.

(2) With the approval of the Board the Committee shall issue licences
to all producers who are members of the Association desiring to produce and
deliver bananas to shippers or other buyers.

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 Banana Industry [CAP. 205 23

(3) Such licences shall be in the prescribed form, shall be issued for the
period or periods specified therein and shall contain such terms and conditions
(including quantities of merchantable mature bananas) as the Committee with
the approval of the Board thinks fit.

(4) If it appears to the Committee during the course of a year of opera-

tion that any producer has failed to produce the amount of bananas which he
has been licensed to deliver, the Committee may with the approval of the Board
issue additional licences to any other producer or producers permitting them to
deliver to shippers or other buyers an amount of bananas in excess of the
quantity stated in their licences.

(5) Any producer aggrieved by the terms and conditions of his licence
may appeal to the Board who may dismiss the appeal or allow the appeal and
substitute such terms and conditions as it thinks fit.

39.-(1) The Association may impose, levy and collect a cess upon all bananas Association may
delivered to shippers or other buyers, the rate and manner of collection being impose levy and
fixed by the Committee before the beginning of each year of operations and collect cess.
notice thereof being given to each member of the Association.

(2) Cess shall be applied-

(i) to meet the ordinary running expenses of the Association in

such proportion as may be decided by the Committee with
the approval of the Association in general meeting; and

(ii) to meet all such expenses as may arise in connection with the
Association’s work in achieving any of the objects specified
in section 23.

(3) The rate of cess shall not exceed three cents per box of bananas
except with the approval of the Minister.

(4) A cess imposed under this section may not be varied during the year
of operation in respect of which it was imposed.

40.-(1) No licence issued in accordance with the provisions of this Act shall be Licences not
bought, sold or otherwise transferred except in accordance with the provisions transferable.
of this section.

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(2) If a licensee or producer sells or leases the land on which he is

producing bananas he may, with the prior approval in writing of the Board,
transfer his licence to the new owner or lessee of the lands.
Liability of 41. No member of the Board or of the Association shall be personally liable
members of the for any act or default of the Association done or omitted to be done in good
Board or of the faith in the course of the operations of the Association.
Association.
19 of 1973.

Application of 42. The Belize Agricultural Health Authority shall not apply to bananas within
CAP. 211. any area declared as a designated area under section 13 of this Act but shall
21 of 1987. apply to bananas outside such designated area.

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