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Kiribati Consolidated Legislation |
(Chapter 94A used to be Chapter 38 under the 1977 Edition)
LAWS
OF THE GILBERT
ISLANDS
REVISED
EDITION 1980
CHAPTER 94A
SHIPPING CORPORATION ORDINANCE
ARRANGEMENT OF SECTIONS
Section
PART I
PRELIMINARY
1. Short
title
2. Interpretation
PART II
ESTABLISHMENT OF CORPORATION AND ITS FUNCTIONS AND VESTING OF PROPERTY
3. Establishment and incorporation of Gilbert Islands Shipping Corporation
4. Vesting of assets and liabilities
5. Power of Corporation to provide and promote shipping
6. Power of Minister to give policy directions
PART III
FINANCIAL PROVISIONS
7. General duty of
Corporation in financial matters
8.
Funds of the Corporation
9. Power to
borrow or raise capital
10.
Application of revenue
11. Authorised
investments
12. Accounting of
Corporation
13. Cash deposits and
payments
14.
Rules
15. Annual report to
Minister
16. Tax
concessions
PART IV
REGULATIONS
17.
Regulations
SCHEDULES
-----------------------------------------------------
1 of
1978
An
Ordinance to provide for the establishment of a corporate body to be known as
the Gilbert Islands Shipping Corporation, for the
performance by that body of
functions relating to shipping services and for purposes incidental thereto or
connected therewith
Commencement: 1st July 1978
PART I
PRELIMINARY
Short title
1. This Ordinance may be cited as the Gilbert Islands Shipping Corporation Ordinance.
Interpretation
2.
In this Ordinance -
"accountant" means the person appointed by the Corporation as accountant under the provisions of Schedule 2 and includes any person for the time being performing the functions of the accountant;
"shipping service" means a service for the carriage by sea of passengers, mails or other freight;
"the Corporation" means the Gilbert Islands Shipping Corporation;
"financial year" means such period of 12 months as the Corporation with the approval of the Minister may determine to be its financial year.
PART II
ESTABLISHMENT OF CORPORATION AND ITS FUNCTIONS AND VESTING OF PROPERTY
Establishment
and Corporation of Gilbert Islands Shipping
Corporation
3.
(1) There is hereby established the Gilbert Islands Shipping Corporation which
shall be a body corporate with perpetual succession
and a common seal with power
to purchase, take, hold and dispose of land and other property, to enter into
contracts, to sue and
be sued in its own name and to do all things necessary for
the purpose of this Ordinance.
(2)
The provisions of Schedule 1 shall have effect as to the constitution of the
Corporation and otherwise in relation thereto.
Schedule 1
(3) The provisions of
Schedule 2 shall have effect as to the officers and employees of the Corporation
and otherwise in relation thereto.
Schedule 2
(4) The Minister shall
have power by order to amend any or all of the provisions of Schedules 1 and
2.
Vesting of
asserts and
liabilities
4.
(1) Upon the date of coming into operation of this Ordinance all lands,
buildings, vessels, equipment and all other forms of property,
whether real or
personal, and all interests therein, of whatever nature, belonging to the
Gilbert Islands Development Authority (hereinafter
referred to as the Authority)
or vested in the Authority pursuant to section 21 of the Gilbert Islands
Development Authority Ordinance
and in both cases used exclusively for the
purposes of the Marine Division of the Authority, shall become vested in the
Corporation.
Cap.65 of 1973
(2) Upon the date of
coming into operation of this Ordinance the benefits and burdens of any contract
for or in connection with shipping
and port services to which the Authority is a
party (including the rights to recover and receive all moneys due and payable to
the
Authority) and which subsists or is in force immediately before such date of
coming into operation shall be deemed to have been transferred
from the
Authority to the Corporation on that
date.
(3) The Minister may, upon
such terms as he may agree with the Corporation, vest the use, occupation,
management or control of any
Crown land or of property or of any interest in
such land or property or the rights, interests, obligations and liabilities of
the
Crown under any agreement relating to the provision of shipping and port
services in the Corporation where it appears desirable to
do so to enable the
Corporation to discharge its
functions.
(4) Notwithstanding any
of the provisions of this Ordinance, except with the prior written permission of
the Minister, the Corporation
shall not dispose of by way of sale, lease,
sublease, mortgage, easement or otherwise, any land or interest in land vested
in it.
Power of
Corporation to provide and promote
shipping
5.
(1) The Corporation shall, subject to the provisions of this Ordinance and the
Shipping Ordinance have power to provide and promote
shipping and port services
and to carry out all other forms of shipping ventures and may provide such
services and carry out such
ventures whether on charter terms or otherwise, and
it shall be the duty of the Corporation, either solely or jointly with others,
to exercise its powers to secure that the shipping and port services which it
may provide are developed to the best advantage and,
in particular, to exercise
its powers so as to secure that the services provided by the Corporation are
provided at reasonable charges.
Cap. 93
(2) The Corporation shall
have power, subject as hereinafter provided, to do anything which is calculated
to facilitate the discharge
of its functions under subsection (1) or of any
other functions conferred or imposed on the Corporation by or under this
Ordinance,
or which is incidental or conducive to the discharge of any such
functions.
(3) Without prejudice
to the generality of the powers conferred by the preceding provisions of this
section, the Corporation shall
in particular have power, subject as hereinafter
provided -
(a) to acquire any undertaking constituted for the purpose of providing shipping or port services or engaging in any other activities of a kind which the Corporation has power to carry on, or to acquire, hold or have any shares or stock in, or any financial interest in, any such undertaking;
(b) to promote the formation of any such undertaking as is mentioned in the preceding paragraph; and
(c) to lend money to, or enter into guarantees for the benefit of, any such undertaking as aforesaid.
(4)
The Minister may, by order -
(i) define the powers conferred upon the Corporation by the preceding provisions of this section so far as he thinks desirable in the public interest so to do;
(ii) limit the powers of the Corporation to such an extent as he thinks desirable in the public interest by providing that any power of the Corporation specified in the order shall not be exercisable except in accordance with a general or specific authority given by the Minister.
Power
of Minister to give policy
directions
6.(1)
Subject to subsection (2) the Minister may give to the Corporation such
directions as to the policy to be followed by the Corporation
in the performance
of its functions as appear to the Minister to be necessary and the Corporation
shall give effect to such
directions.
(2) Where the
Corporation certifies it is of the opinion that it will not be possible to
recover the costs incurred by the Corporation
in giving effect to a direction
given by the Minister under subsection (1), or that to give effect to such a
direction will be impractical,
uneconomic or otherwise result in financial loss
to the Corporation, the Corporation shall not give effect to the direction until
the Corporation is satisfied that provision has been made for the loss up to the
maximum estimated by the Corporation to be borne
by the
Government.
(3) The Corporation
shall furnish the Minister with returns, accounts and other information as he
may require with respect to the
property and activities of the Corporation and
shall afford to him facilities for verifying such information in such manner and
at
such times as he may reasonably require.
PART III
FINANCIAL PROVISIONS
General
duty of Corporation in financial
matters
7.
It shall be the duty of the Corporation so to exercise its powers and perform
its functions under this Ordinance as to secure that
the total revenues of the
Corporation are sufficient, taking one year with another, to meet its total
out-goings properly chargeable
to revenue account including depreciation and
interest on
capital.
Funds
of the
Corporation
8.
The funds of the Corporation shall consist of such moneys as may from time to
time be appropriated from the Consolidated Fund by
way of loan, grant or subsidy
and such other moneys as may lawfully be paid to or raised or borrowed by the
Corporation.
Power
to borrow or raise
capital
9.
(1) The Corporation may from time to time, with the approval of the Minister and
the concurrence of the Minister of Finance, borrow,
secure or raise money by the
issue of debentures or debenture stock, or other security, for all or any of the
following purposes
-
(a) the provision of working capital;
(b) the fulfilling of the functions of the Corporation under this Ordinance;
(c) the provision of capital for the expansion of and addition to its fixed assets;
(d) the redemption of any debenture or debenture stock or other security that the Corporation is required or entitled to redeem; or
(e) any other expenditure properly chargeable to capital account.
(2) The Corporation may,
from time to time, borrow by way of overdraft or otherwise such sums as the
Corporation may require for meeting
its obligations and discharging its
functions under this
Ordinance.
Application
of
revenue
10.
(1) The revenue of the Corporation for any financial year shall be applied in
defraying the following charges -
(a) the allowances of the members of the Corporation;
(b) the salaries, fees and remuneration of the officers, agents and employees, and technical and other advisers of the Corporation;
(c) working expenses, and expenditures on, or provision for, the maintenance of the property and of any of the vessels, equipment, apparatus or plant of the Corporation, and the insurance of the same and the discharge of the functions of the Corporation properly chargeable to revenue account;
(d) interest on any debenture and debenture stock or other security issued, and on any loan raised by the Corporation;
(e) sums required to be transferred to a sinking fund or otherwise set aside for the purpose of making provision for the redemption of debenture or debenture stock or other security or the repayment of other borrowed money;
(f) such sums as it may be deemed appropriate to set aside in respect of depreciation on the property of the Corporation;
(g) any other expenditures authorised by the Corporation and properly chargeable to revenue account.
(2)
The balance of the revenue of the Corporation shall be applied to the creation
of reserve funds to finance future modernisation
and
expansion.
Authorised
investments
11.
Funds of the Corporation not immediately required to be expended in the meeting
of any obligations or the discharge of any functions
of the Corporation may be
invested from time to time in securities approved by the Minister with the
concurrence of the Minister
of
Finance.
Accounting
of
Corporation
12.
(1) All decisions, orders, rules and regulations relating to the financial
operations of the Corporation and authorised by this
Ordinance shall be made by
resolution of the Corporation at a meeting thereof and shall be recorded in the
minutes of the Corporation.
(2)
The Corporation shall keep proper accounts and other records in respect of its
operations, and shall cause to be prepared a statement
in respect of each
financial year in such form as the Director of Audit may direct or
approve.
(3) The Corporation
shall, before the commencement of each financial year, submit to the Minister a
copy of its income and expenditure
budget in relation to such year and the
Minister shall cause copies of such budgets to be laid before the House of
Assembly.
(4) The accounts of the
Corporation shall be examined by the Director of Audit in accordance with the
provisions of Part VII of the
Public Finance (Control and Audit)
Ordinance.
Cap. 79
(5) Notwithstanding any
power of the Corporation conferred by this Ordinance, where the Corporation
intends to embark upon any programme
for expanding its operations and services
that will involve borrowing moneys required to be guaranteed under the
provisions of the
Government Borrowing and Guarantee Ordinance or that will
require a longer period than one year to complete, the Corporation shall
obtain
the approval of the Minister of Finance thereto before incurring any liability
in respect thereof.
Cap. 39
Cash
deposits and
payments
13.
(1) All moneys the Corporation accrues from its operations under this Ordinance
shall be paid into some bank or banks appointed by
resolution of the
Corporation, and such moneys shall, as far as practicable, be paid into the bank
from day to day, except such sum
as the accountant may be authorised by rules
made under section 14 to retain in his hands to meet petty disbursements for
immediate
payments.
(2) All
payments out of the funds of the Corporation except petty disbursements, not
exceeding a sum to be fixed by rules made under
section 14, shall be made by the
accountant, or, on his behalf, by any other officer appointed by the
Corporation, in accordance
with any such
rules.
(3) Cheques against any
banking account required to be kept or withdrawals from any savings bank account
shall be signed by the accountant
and countersigned by the Manager or any member
of the Corporation or any officer of the Corporation appointed by resolution of
the
Corporation for the purpose, and any such resolution shall be certified by
the Chairman and forwarded to the bank or banks
concerned.
Rules
14.
The Corporation shall by resolution make rules in respect of the following
matters -
(a) the manner in which and the officers by whom payments are to be approved;
(b) the bank or banks into which the moneys of the Corporation are to be paid, the title of any account with any such bank, and the transfer of one fund from one account to another;
(c) the appointment of a member of the Corporation or an officer of the Corporation to countersign cheques on behalf of the Manager or in the absence of the Manager;
(d) the sum to be retained by the accountant to meet petty disbursements and immediate payments and the maximum sum that may be so disbursed for any one payment;
(e) the method to be adopted in making payments out of the funds of the Corporation; and
(f) generally as to all matters necessary for the proper keeping and control of the accounts and books and the control of the finances of the Corporation.
Annual
report to
Minister
15.
(1) The Corporation shall, as soon as practicable after the end of each
financial year, make and transmit to the Minister a report
dealing generally
with the activities of the Corporation during the preceding financial year and
containing such information relating
to the operations and policy of the
Corporation as the Minister may from time to time
direct.
(2) The Minister shall
cause a copy of every such report to be laid before the House of
Assembly.
Tax
Concessions
16.
(1) Notwithstanding anything in any other law or Ordinance contained, all
vessels, plant, machinery, appliances, apparatus, equipment
and materials of
every kind whatsoever imported into the Gilbert Islands by the Corporation for
the purpose of carrying out its functions
under this Ordinance shall, subject to
the concurrence of the Minister of Finance, be free of all customs duty, import
levy or any
other tax having a similar
effect.
(2) Notwithstanding
anything contained in the Income Tax Ordinance the income of the Corporation
shall be wholly exempt from payment
of income tax.
Cap. 44
PART IV
REGULATIONS
Regulations
17.
The Minister, after consultation with the Corporation, may make regulations for
the better carrying out of the provisions of this
Ordinance.
________
SCHEDULE
1
(Section
3(2))
Appointment
of
members
1.
The Corporation shall consist of not more than 8 nor less than 4 members
appointed by notice by the
Minister.
Chairman
2.
(1) The Minister shall appoint one of the members to be the Chairman of the
Corporation for such period as he may
specify.
(2) The Chairman shall
keep the Minister fully informed concerning the activities and operations of the
Corporation and shall furnish
the Minister with such information as the Minister
may request with respect to any particular matter relating to the activities and
operations of the Corporation.
(3)
The Corporation may by instrument in writing direct that, subject to such
conditions as may be specified in that instrument, such
of the functions of the
Corporation as may be so specified shall (without prejudice to the performance
of those functions by the
Corporation) be performed by the
Chairman.
(4) The Minister shall
appoint one of the members to be the Deputy Chairman of the Corporation for such
period as he may specify.
(5) In
the case of the absence or inability to act of the Chairman the Deputy Chairman
shall perform the functions of the
Chairman.
(6) In the case of the
absence or inability to act of the Chairman and the Deputy Chairman and the
Minister may appoint one of the
remaining members to perform the functions of
the Chairman.
(7) In the case of
the absence or inability to act at any meeting of both the Chairman and the
Deputy Chairman the remaining members
shall elect one of their number to act as
Chairman at that
meeting.
Tenure
of
office
3.
(1) A member shall, subject to the provisions of this Schedule, hold office for
such period being not less than 2 nor more than
4 years as may be specified in
the notice appointing him, but shall be eligible for
re-appointment.
(2) The Minister
may at any time revoke the appointment of any member if he thinks it expedient
so to do and if the appointment of
the Chairman or Deputy Chairman is so revoked
he shall cease to be Chairman or Deputy Chairman as the case may
be.
Resignation
4.
(1) Any member, other than the Chairman and a member who is a public officer,
may at any time resign his office by notice in writing
addressed to the Minister
and transmitted through the Chairman, and from the date of the receipt by the
Minister of such notice such
member shall cease to be a member of the
Corporation.
(2) The Chairman may
at any time resign his office by notice in writing addressed to the Minister and
such resignation shall take
effect as from the date of the receipt of such
notice by the
Minister.
Authentication
of seal and
documents
5.
All documents, other than those required by law to be under seal, made by, and
all decisions of, the Corporation may be signified
under the hand of the
Chairman or any member authorised to act in that
behalf.
Procedure
and
meetings
6.
(1) The Corporation shall meet at such times as may be necessary or expedient
for the transaction of business, and such meetings
shall be held at such places
and times and on such days as the Corporation shall
determine.
(2) The Chairman may at
any time call a special meeting of the Corporation and shall call a special
meeting to be held within 7 days
of a written request to that effect addressed
to him by any 2 members.
(3) The
quorum of the Corporation shall be 3 including the Chairman or the Deputy
Chairman or the member elected to act as the Chairman
as
aforesaid.
(4) Minutes in proper
form for each meeting shall be kept and shall be confirmed, whenever
practicable, at the next meeting. Certified
copies of such minutes when so
confirmed shall be forwarded to the
Minister.
(5) The Corporation may
co-opt any one or more persons to attend any particular meeting of the
Corporation for the purposes of assisting
or advising the Corporation, but no
such co-opted person shall have any right to
vote.
(6) Subject to the
provisions of this Schedule the Corporation may regulate its own
proceedings.
Allowances
to members of
corporation
7.
Members of the Corporation may be paid, out of the funds of the Corporation,
such travelling and other expenses as may be incurred
by them in respect of
their duties as members of the Corporation, and, excepting those members who are
public officers, an attendance
allowance at such rate as may be determined from
time to time by the
Corporation.
Protection
of members of
Corporation
8.
(1) No action, suit, prosecution or other proceedings shall be brought or
instituted personally against any member of the Corporation
in respect of any
act done bona
fide in pursuance or execution or
intended execution of this
Ordinance.
(2) Where any member of
the Corporation is exempt from liability by reason only of the provisions of
this paragraph the Corporation
shall be liable to the extent that it would be if
the said member was a servant or agent of the
Corporation.
Declaration
of interest of
members
9.
If a member of the Corporation has any pecuniary interest, direct or indirect,
in any contract or proposed contract or other matter,
and is present at a
meeting of the Corporation at which the contract or other matter is the subject
of consideration, he shall, as
soon as practicable after the commencement of the
meeting, disclose to the Corporation the fact and nature of his interest, and
shall
not take part in the consideration or discussion of the contract or other
matter or vote on any question with respect to
it.
Office of
member of Corporation not public office for the purposes of the
Constitution
10.
Membership of the Corporation shall not constitute the member a public officer
for the purposes of the Constitution.
___________
SCHEDULE
2
(Section
3(3))
Appointment
of staff of
Corporation
1.
(1) The Corporation shall after consultation with the Public Service Commission
appoint a Manager.
(2) The Manager
shall be the Chief Executive of the Corporation and shall direct the entire
staff and all other administrative and
operational functions of the
Corporation.
(3) The Corporation
shall from time to time establish such other posts including that of accountant
as it considers necessary and
proper for the due and efficient administration,
management and performance by the Corporation of its duties under this Ordinance
and shall, acting on the recommendation of the Public Service Commission,
appoint staff to fill those
posts:
Provided that the initial
establishment shall include posts for those persons who immediately before the
coming into operation of
this Ordinance were members of the staff of the Marine
Division of the Authority and who have been notified in writing by the Minister
before the said date of the proposal to transfer them and such persons shall
transfer on the date this Ordinance comes into operation
to the service of the
Corporation at the same rate of pay and, as near as may be, the same conditions
of service as those on which
they are employed by the
Authority.
(4) The termination of
appointment, dismissal and disciplinary control of the staff of the Corporation
shall be vested in the Corporation,
acting on the recommendation of the Public
Service Commission.
(5) The Public
Service Commission may second to any office in the service of the Corporation a
public officer and the Public Service
Commission may approve the transfer of an
officer from the service of the Corporation to the service of Government or from
the service
of Government to the service of the
Corporation.
Responsibility
of certain
officers
2.
All officers charged with the receipt, accounting for, or disbursements of
moneys, or with the custody or delivery of stores, or
other property belonging
to the Corporation shall be individually responsible for the due and efficient
discharge of their respective
duties, and for the exercise of proper supervision
of the accounts kept or controlled by them and of all the property entrusted to
their care, and for the due observance of all rules and regulations and of all
orders and instructions prescribed for their guidance.
------------------------------------------------
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