The West Mrican Cocoa Research Institute (Sierra Leone Status) Ordinance

West African Cocoa Research Institute [Cap. 186 1945 CHAPTER 186. WEST AFRICAN COCOA RESEARCH INSTITUTE (SIERRA LEONE STATUS). WHEREAS there were established in the Gold Coast by the West African Cocoa Research Institute Ordinance (Gold Coast Ordinance Cap. 164) the provisions of which (as amended by the West Mrican Cocoa Research Institute (Amendment) Ordinance, 1954, No. 11 of 1954, and the West Mrican Cocoa Research Institute (Amendment) Ordinance, 1956, No. 36 of 1956) are set out in the Schedule to this Ordinance, and which is hereinafter referred to as " the Gold Coast Ordinance ", the \Vest African Cocoa Research Institute hereinafter referred to as " the Institute ", and the West Mrican Cocoa Research Institute Managing Committee hereinafter referred to as "the Committee " : 31 of 1957. 35 of 1959. Preamble. 1946 Cap. 186] West African Cocoa Research Institute Short title and commencement. Status and functions of the Institute. Status and functions of the AND WHEREAS the Institute was so established for the purposes of undertaking research into, and investigation of, all problems and matters relating to cocoa, and for the provision of information and advice relating to cocoa: AND WHEREAS the Committee was established as a body corporate to manage the affairs of the Institute: AND WHEREAS by the West African Cocoa Research Institute (Amendment) Ordinance, 1956 (No. 36 of 1956), of the Gold Coast provision was made for Sierra Leone to participate in the work of the West African Cocoa Research Institute and for one member of the Committee to be nominated by the officer administering the Government of Sierra Leone: AND WHEREAS it would enure to the benefit of the Sierra Leone cocoa industry were the Institute and the Committee to be given status and functions, including powers and duties, within Sierra Leone:

Research Institute (Sierra Leone Status) Ordinance, and shall be deemed to have had effect as from the 15th day of December, 1956 (being the date upon which the Gold Coast Ordinance entitled "the West African Cocoa Research Institute (Amendment) Ordinance, 1956" (No. 36 of 1956) came into operation).

Subject to the provisions of section 4, the Instituteestablished by section 2 of the Gold Coast Ordinance (which shall be known in Sierra Leone as the West African Cocoa Research Institute) shall have within Sierra Leone the like functions (which expression shall include powers and duties) as it has within Ghana under the provisions of the Gold Coast Ordinance.

Coast Ordinance and incorporated by section 6 of that Ordinance (which shall be known in Sierra Leone as the West Mrican Cocoa Research Institute Managing Committee) shall also be within Sierra Leone a body corporate with perpetual succession and a common seal and may sue and be sued in its corporate name, and subject to the provisions of section 4, the Committee shall have within Sierra Leone the like functions (which expression shall include powers and duties) as it has within Ghana under the provisions of the Gold Coast Ordinance. West African Cocoa Research Institute [Cap. 186 I947

(1) The power of the Committee under sub-section (4) of ~odific?'tionsection 7 of the Gold Coast Ordinance shall apply in relation ~~ ~~~~! ~n to the employment of servants in Sierra Leone as though they Leon~ of l d · Gh certan were emp oye m ana. provisions of the Gold (2) The provisions of section I4 of the Gold Coast Ordinance coast shall apply in relation to any activities of the Institute and the Ordinance. Committee in Sierra Leone, save that the accounts may be made up and audited in Ghana. (3) The provisions of section I5 of the Gold Coast Ordinance shall not apply in relation to the functions of the Committee in Sierra Leone. (4) The provisions of section I6 of the Gold Coast Ordinance shall apply in relation to the discipline of servants of the Institute or the Committee employed in Sierra Leone as though they were employed in Ghana. (5) The power to dissolve the Institute and the Committee and all other powers conferred by section I 7 of the Gold Coast Ordinance shall, in so far as the Institute and the Committee have assets in Sierra Leone, devolve upon the Governor of Sierra Leone and shall be exercised by him subject to the approval of the Secretary of State.

(I) It shall be lawful for the Governor by Order to declarethat any office under the Institute or Committee shall be a pensionable office for the purposes of the Pensions Ordinance. (2) The provisions of the Pensions Ordinance shall, subject to the provisions of sub-section (3) of this section, apply or continue to apply to employees of the Institute or the Committee confirmed in offices declared to be pensionable under sub-section (I) of this section in the same manner and to the same extent as the said provisions would apply to such employees if they were serving in a civil capacity in a pensionable office in Sierra Leone under the Government of Sierra Leone. (3) For the purpose of this section the Pensions Ordinance shall have effect as if in paragraphs (I) and (6) of section 7 and sub-sections (I) and (2) of section 9 of that Ordinance the word " Committee " were substituted for the words " Governor " and " Governor in Council " wherever such words appear therein. (4) Nothing in the provisions of sub-section (2) shall prevent the appointment of a person to a pensionable office on terms which preclude the grant of a pension under the Pensions Ordinance to such a person in respect of his service in that office. S.L.-VoL. IV-2 Pensionable Officers. Cap. 173. 35 of 1959. Membership of the Committee not a public office for the purposes of the Sierra Leone (Constitution) Order in Council, 1958. Ordinances Nos. l of 1947, 11 of 1954, 36 of 1956. Date of commencement. Short title. Establishment of Institute. Establishment of Appointment of Director. Constitution of Cap. 186] West African Cocoa Research Institute

Committee shall not be a public office for all or any of the purposes of the Sierra Leone (Constitution) Order in Council, 1958. SCHEDULE.* THE WEsT AFRICAN CocoA RESEARCH INSTITUTE ORDINANCE (GoLD CoAST ORDINANCE CAP. 164). An Ordinance for the Establishment of an Institute to Undertake Research into Matters relating to Cocoa, for the Incorporation of a Committee to Manage the Institute and for other purposes connected therewith. [12TH APRIL, 1947.] BE IT ENACTED by the Governor of the Gold Coast, with the advice and consent of the Legislative Council thereof so far as the provisions hereof relate to the Colony and Ashanti, as follows-

Institute Ordinance. PART I.-EsTABLISHMENT OF INsTITUTE AND CoMMITTEE.

For the purposes of undertaking research into, and investigation of,all problems and matters relating to cocoa, and for the provision of information and advice relating to cocoa, there is hereby established an institute, to be called the West African Cocoa Research Institute (hereinafter referred to as the Institute).

Cocoa Research Institute Managing Committee (hereinafter referred to as the Committee), with powers, duties and procedure as detailed in sections 7 to 14 of this Ordinance.

Director) shall be such person as the Secretary of State may, after consultation with the Governor and the officers administering the Governments of Nigeria and Sierra Leone, appoint, and he shall hold office during the pleasure of the Secretary of State. (2) When the Director is through absence, illness or other good cause unable to discharge the duties of his office, the Secretary of State may appoint a person temporarily to discharge such duties.

(a) the Chairman, to be nominated by the Secretary of State after consultation with the Governor and the officers administering the Governments of Nigeria and Sierra Leone; * The Ordinance, set out in this Schedule, was enacted in the Gold Coast in 1951 and was in force at the coming into operation of the Ghana (Constitution) Order in Council, 1957 (S.I. 1957/277), and continues to be in force subject to the following provisions (which are to be seen in section 79 of the Order in Council)-- Every reference to " the Governor " or " the Secretary of State " shall be read and construed as a reference to " the Governor General ". Every reference to " the Gold Coast " shall be read and construed as a reference to "Ghana". Every reference to the" Legislative Assembly" shall be read and construed as reference to the" National Assembly". West African Cocoa Research Institute [Cap. 186 (b) members not exceeding five in number to be nominated by the Governor, of whom two shall be members of the Cocoa Marketing Board established under the Gold Coast Cocoa Marketing Board Ordinance; Cap. 186. (c) members not exceeding five in number, to be nominated by the officer administering the Government of Nigeria; (cc) one member to be nominated by the officer administering the Government of Sierra Leone; and (d) the Director. (2) The Chairman and the Director shall retain their membership of the Committee during the pleasure of the Secretary of State exercised after consultation with the Governor and the officers administering the Governments of Nigeria and Sierra Leone. (3) The members respectively nominated by the Governor and the officers administering the Governments of Nigeria and Sierra Leone shall retain their membership of the Committee during the pleasure of the Governor or the officer administering the Government of Nigeria or of Sierra Leone, as the case rna y be.

(1) The Committee shall be a body corporate having perpetualsuccession and a common seal, and may sue and be sued in its corporate name. (2) The common seal of the Committee shall not be used or affixed to any document save in pursuance of a resolution in that behalf passed at a duly constituted meeting of the Committee and recorded in the minutes. PART H.-PowERS, DuTIES AND PROCEDURE OF CoMMITTEE. Incorporation of

State, the Committee may- Committee. (a) enter into contracts and do all things necessary for, or incidental to, the purposes of this Ordinance; (b) acquire and hold movable or immovable property and sell, mortgage, lease, transfer or otherwise deal with such property; (c) borrow at interest, on the security of any corporate land or any funds of the Committee, such moneys as the Committee may from time to time think necessary or expedient for carrying into effect the provisions of this Ordinance; (d) from time to time invest the funds of the Committee in such manner and to such extent as the Committee may think necessary or expedient; (e) with the approval of the Secretary of State, delegate to the Director all or any of the duties imposed upon the Committee by that portion of paragraph (i) of section 8 of this Ordinance which relates to the appointment of servants of the Institute. (2) (a) The Committee may from time to time appoint from among its members such and so many sub-committees, either of a general or special nature and consisting of such number of persons as they shall think fit, for any purpose which the Committee may think would be better managed or regulated by means of such sub-committees, and where such power of appointment is exercised the Committee shall specify the duties and powers of the sub-committee appointed. (b) Every question which comes before any such sub-committee shall be decided by a majority of the votes of the members thereof. S.L.-VoL. IV-2* " .-. .' . 1950 Cap. 31. Duties of Meetings of Cap. 186] West African Cocoa Research Institute (3) The Committee may at any time appoint, and terminate the appointment of, any person to assist in the deliberations of the Committee, but no such person shall be, or shall be deemed to be, a member of the (4) (a) The Committee at any time, with the approval of the Governor, may require to contribute to the scheme established by the Pensions (Widow! and Orphans) Ordinance any servant of the Institute or of the Committee, being a person who if he were in the service of the Government of the Gold Coast would be deemed to be a " European officer " within the meaning of such Ordinance. (b) Where the Committee requires any person to contribute in accordance with paragraph (a) of this sub-section, the provisions of the Pensions (Widows and Orphans) Ordinance shall apply to such person in the same manner and to the same extent as if such person were in the service of the Government of the Gold Coast, and every such person so contributing shall be deemed to be a " European officer " within the meaning of such Ordinance. (c) "Servant of the Institute" means a person engaged by the Director in the exercise of his delegated powers for work in or in connection with the Institute.

(a) to formulate statements of the research needs of the cocoa industry and of their relative urgency; (b) to arrange for the annual preparation by the Director of a detailed research programme; (c) to arrange for the annual submission of such programme to the Secretary of State for approval; (d) to arrange for the annual preparation by the Director of a statement of the expenditure necessary to carry out the approved programme; (e) to arrange for the annual submission of such statement to the Secretary of State for approval; (f) to consider matters relating to the provision of advice to cocoa producers; (g) to receive reports from the Director of the progress of research and advisory work and the expenditure and liabilities incurred, to make such observations thereon as they may think fit and to arrange for the transmission of such reports and observations, if any, to the Secretary of State; (h) to advise the Director on any matter on which advice may be sought; (i) subject to any directions, specific or general, of the Secretary of State, to appoint, and to fix the salaries and terms of appointment of, and to dismiss, the servants of the Institute and any servant the Committee may think fit to employ; (j) to perform such other duties as may be prescribed by the Secretary of State.

(1) The Committee shall ordinarily meet for the despatch of businessat such times and places as the Committee may from time to time appoint, but not less than once a year. ,.•,~.\)•i'S ~ ~ "'!;~~:;;\1;c~~'~y-4 -~~·r .. " =-~ ~~~· -~.. ~~ ~ West African Cocoa Research Institute [Cap. 186 1951\. ':·'..~~'!:/ --------------------------------------------------------------------- ·~~ (2) The Chairman may, and on the request in writing of two members of the Committee shall, call a special meeting of the Committee at such time and place as he may appoint. (3) At every meeting of the Committee the Chairman, if present, shall preside, but in his absence the Committee shall appoint one of the members to preside. (4) Every question which comes before the Committee at any meeting shall be decided by a majority of the votes of the members present. (5) Five members shall form a quorum for any meeting. (6) The member presiding at any meeting shall have a vote and, in the case of an equality of votes, a :;;econd or casting vote.

Minutes of the proceedings of every meeting of the Committee shallbe regularly entered in a book to be kept for that purpose, and minutes of proceedings of meetings shall, after approval, be signed at the next ensuing meeting by the member presiding thereat.

(1) The Committee may from time to time make, amend or revokestanding orders, not inconsistent with the provisions of this Ordinance, to ensure due notice being given to members of the meetings of the Committee and to regulate the proceedings of the Committee or any sub-committee appointed under sub-section (2) of section 7 of this Ordinance. (2} The standing orders for the time being in force shall be followed and observed and shall be binding upon the Committee and any such subcommittee, as the case may be. PART IlL-FINANCE.

(a} all moneys raised for the general purposes of the Institute; (b) all moneys accruing to the Committee from the Imperial Government or from any Government either by way of grant-in-aid or endowment or otherwise; (c) all charges, dues or amounts recovered by the Committee; (d) all interest on moneys invested by the Committee; (e) all donations accruing to the Committee for the general purposes of the Institute from any sources other than sources specified in this Ordinance; (f) any other money accruing to the Committee or the Institute in the course of the operations of the Committee or Institute. (2) The funds of the Committee shall, subject to the approval, general or specific, of the Secretary of State, be applied by the Committee to the accomplishment of the purposes of this Ordinance. Minutes of the Standing orders. Funds of

All sums of money received on account of the Committee may be Paymentpaid into such bank or banks as may be approved by the Committee for the into bank. credit of the Committee's general, current or deposit account.

31st day of May in each year- and audit. (a) a statement showing in detail the items of income, expenditure and profit or loss of the Institute for the year ending on the 31st day of March immediately preceding; and Acquisition of land. Pensionability of officers. No. 42 of 1950. Discipline. Cap. 186] West African Cocoa Research Institute (b) a statement of the assets and liabilities of the Institute as they stood on the 31st day of March immediately preceding. (2) Such statements shall be audited and published in such manner as the Committee, subject to any directions which from time to time may be given by the Secretary of State, may direct. PART IV.-MISCELLANEOUS.

(1) When there is any hindrance to the acquisition by purchase orlease of any land or building required for carrying into effect any of the provisions of this Ordinance, the Governor, upon the application of the Committee and after such enquiry as he may think fit, may declare that the land or building is required for the service of the Committee; and he may direct that proceedings be taken under the provisions of the Public Lands Ordinance for acquiring the land or building for the Government of the Gold Coast and for determining the compensation to be paid to the parties interested. (2) When the land or building has been acquired under the provisions of the Public Lands Ordinance, the Governor may vest such land or building in the Committee by means of a certificate under the hand and seal of the Commissioner of Lands to the effect that the land or building has been made over to the Committee. (3) The compensation, if any, for such acquisition shall in the first instance be paid by the Government of the Gold Coast; but the Committee shall refund to such Government any compensation so paid and all expenses incidental to such acquisition incurred by such Government.

(1) It shall be lawful for the Governor in Council by Order to declarethat the office of Director and any office under the Institute or Committee sh'111 be a pensionable office for the purposes of the Pensions Ordinance, 1950. (2) The provisions of the Pensions Ordinance, 1950, shall, subject to the provisions of sub-section (3) of this section, apply or continue to apply to persons confirmed in offices declared to be pensionable under sub-section (1) of this section in the same manner and to the same extent as the said provisions would apply to such persons if they were serving in a civil capacity in a pensionable office in the Gold Coast under the Government of the Gold Coast. (3) For the purposes of this section the Pensions Ordinance, 1950, shall have effect as if, in sub-section (1) of section 7 and sub-section (2) of section 9 of that Ordinance, the word " Committee " were substituted for the words " Chief Secretary " and the word " Governor " respectively wherever such words appear therein except in relation to the Director in which case, for the purposes of this section, the Pensions Ordinance, 1950, shall have effect as if the words " Secretary of State, acting after consultation with the Governor and the officers administering the Governments of Nigeria and Sierra Leone " and " Committee " were substituted for the words " Governor " and " Chief Secretary " respectively wherever such words appear in those sub-sections. (4) Nothing in the provisions of sub-section (2) of this section shall prevent the appointment of a person to a pensionable office on terms which preclude the grant of a pension under the Pensions Ordinance, 1950, to such a person in respect of his service in that office.

(1) (a) Every servant of the Institute or of the Committee, who is inreceipt of an annual salary of not less than forty-eight pounds, shall be subject West African Cocoa Research Institute [Cap. 186 to the authority of the Director or of the Committee, as the case may be, and to the provisions of the Colonial Regulations and the General Orders of the Government of the Gold Coast. (b) For the purpose of discipline, the provisions of the Colonial Regulations shall apply to every such servant when invoked by the Governor at the request of the Secretary of State or a servant may be dealt with disciplinarily in such other manner as the Secretary of State, either specifically or generally, may determine or, in the case of a minor offence by a servant, he may be dealt with disciplinarily by the Director, if a servant of the Institute, or by the Committee, if a servant of the Committee, in such manner as the Director or the Committee, as the case may be, may either generally or specifically determine. (2) Every servant of the Institute or of the Committee who is in receipt of an annual salary of less than forty-eight pounds or is paid salary other than an annual salary, shall be subject to the authority of the Director or the Committee, as the case may be, and for the purpose of discipline, including dismissal, to such directions as the Director or the Committee, as the case may be, may either generally or specifically issue.

The Governor, upon the direction of the Secretary of State, may byorder declare that the Committee and Institute, as established by this Ordinance, shall be dissolved and cease to exist as from a date to be specified in the order, and thereupon any balance of the funds of the Committee, including the capital assets, remaining at such date shall be disposed of and applied as may be directed by the Secretary of State to further the best interests of the cocoa producers of West Africa. Power to dissolve Committee and Institute.