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2132 Cap. 204] Tonkolili Agreement (1947)
CHAPTER 204.
TONKOLILI SUPPLEMENTARY AGREEMENTS
(1947) RATIFICATION.
16 of 1948. An Ordinance to Ratify and Confirm Certain Agreements
Supplementary to An Agreement Made Between the Crown
Agents for the Colonies on behalf of the Government of
Sierra Leone and the Sierra Leone Development Company
Limited Regulating the Mining of the Iron Ore Deposits and
other Minerals and Metals in the Tonkolili Area of the
Protectorate.
Cap. 202.
Cap. 203.
(3RD DECEMBER, 1947.]
WHEREAS an Agreement was made on the sixteenth day of
April, 1937, between the Crown Agents for the Colonies on
behalf of the Government of Sierra Leone (hereinafter referred
to as" the Government") of the one part and the Sierra Leone
Development Company, Limited (hereinafter referred to as
"the Company") of the other part which Agreement was set
out in the Schedule to an Ordinance shortly entitled the
Tonkolili Agreement Ordinance (which Agreement is hereinafter referred to as " the Tonkolili Agreement "):
And whereas an Agreement was made on the nineteenth day
of February, 1944, between the same parties which Agreement
was supplementary to the Tonkolili Agreement and was set
out in the Schedule to an Ordinance shortly entitled the
Tonkolili (Supplementary) Agreement Ordinance (which Supplementary Agreement is hereinafter referred to as " the Tonkolili
Supplementary Agreement "):
And whereas under the terms of the Tonkolili Agreement (as
amended) the Government agreed with the Company (inter alia)
that it would not during the term therein mentioned impose
upon the Company a tax on profits (as therein defined) made
from or in respect of andfor any duty on or in respect of the
exercise of any of the rights conferred by the Tonkolili Agreement (as so amended) and any mining rights or leases issued in
pursuance thereof exceeding a total amount equivalent to five
per centum per annum on such profits for such year as assessed
to income tax in the United Kingdom:
And whereas by virtue of an arrangement made between the
Government and His Majesty's Government in the United
Tonkolili Agreement {1947) [Cap. 204 2133
Kingdom under the Income Tax Ordinance, as amended (in ~ap. 1 IIfi~ 47
particular) by the Income Tax (Amendment) Ordinance, 1947, o. 0
•
relief from double taxation was afforded in respect of income
tax in Sierra Leone and income tax in the United Kingdom, so
that, if certain further amendments were made to the Tonkolili
Agreement (as amended), the Company could be made liable
to income tax in Sierra Leone without increasing its total
liability to taxation both in Sierra Leone and the United
Kingdom:
And whereas the Company agreed to the further amendments
of the Tonkolili Agreement (as amended) so as to become liable
to pay income tax in Sierra Leone, subject to certain conditions:
And whereas the amendments and conditions aforesaid are
contained in two Agreements and a Memorandum of Agreement
all made on the third day of December, 1947, between the same
parties, which Agreements and Memorandum of Agreement are
set out in Schedules A, B and C hereto:
Now, therefore, be it enacted by the Governor of Sierra
Leone, with the advice and consent of the Legislative Council
thereof, as follows-
Schedules A,
Band C.
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