Fiji Islands - Legislation
LAWS OF FIJI
Rev. 1985
CHAPTER 142
LAND DEVELOPMENT ACT
TABLE OF PROVISIONS
PART I – PRELIMINARY
SECTION
1. Short title
2. Interpretation
PART II - LAND DEVELOPMENT AUTHORITY
3. Establishment, duties and powers of Authority
4. Additional functions of the Authority
5. Funds of the Authority
6. Balancing of revenue account
7. Reserve fund
8. Powers of expenditure
9. Borrowing powers
10. Temporary loans and overdraft
11. Power to issue stock etc.
12. Investments
13. Accounts and audit
14. Report
15. Constitution of Authority
16. Common seal
17. Remuneration of members
18. Members not to vote on matters in which they are interested
19. Quorum and voting
20. Officers of the Authority
21. Delegation
22. Rules
PART III - CORPORATIONS
23. Power to establish corporations
PART IV – REGULATION AND INCORPORATION OF
CORPORATIONS
24. Regulation and winding up
24A. Officers and servants
25. Incorporation
PART V – LOCAL DEVELOPMENT BOARDS
26. Establishment of local development boards
PART VI – LOANS
27. Suspension of payment and power to extend time, compound or release
28. Enquiry as to application of monies lent
29. Order upon such enquiry
30. Misapplication of loan
31. Offences in respect of loans
32. Special defence
PART VII - GENERAL
33. Power to employ agents
34. Compromise
35. Bad debts
36. Exemptions
37. Personal liability of members, officers and servants of Authority or
corporation.
38. Protection of Authority and corporation
39. Minutes receivable in evidence
---------------------------------------------------
Ordinances Nos. 19 of 1961,
14 of 1963,
37 of 1966,
Legal Notice No. 112 of 1970,
Acts Nos. 22 of 1975,
11 of 1983
AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A LAND
DEVELOPMENT
AUTHORITY TO PROMOTE AND CARRY OUT PROJECTS FOR
LAND DEVELOPMENT,
IMPROVEMENT AND SETTLEMENT, FOR MAKING FUNDS
AVAILABLE THEREFOR, AND
PURPOSES CONNECTED THEREWITH.
[12 August 1961]
PART I – PRELIMINARY
Short title
1. This Act may be cited as the Land Development Act.
Interpretation
2. In this Act, unless the context otherwise requires-
"Authority" means the Land Development Authority established under
this Act;
"Chairman" means the Chairman of the Authority, and includes the
Deputy Chairman and any temporary
Chairman appointed under section 15;
"corporation" means a corporation established under section 23;
"financial year" means the calendar year;
"land" includes land covered by water within Fiji and the continental
shelf as defined in the Continental
Shelf Act;
(Cap 149.)
"local development board" or "board" means a local development board
established under section 26;
"member" or "member of the Authority" means any member of the
Authority appointed under section 15,
and includes the Chairman, Deputy Chairman, a temporary Chairman
and any temporary member.
(Amended by Act 22 of 1975 s. 2.)
PART II - LAND DEVELOPMENT AUTHORITY
Establishment, duties and powers of Authority
3.- (1) There shall be established for the purposes of this Act a body, to be
known as the Land Development
Authority.
(2) It shall be the duty of the Authority to promote and assist the
investigation, formation and carrying out of
projects for the development, improvement and settlement of land.
(3) The Authority shall have power, for the purpose of the discharge of its
duty under subsection (2)-
(a) to carry on all activities the carrying on whereof appears to it to be
requisite, advantageous or
convenient for or in connection with the discharge of its said duty;
(b) to appoint managing agents;
(c) to initiate and carry out by itself or through its managing agents or
any corporation or local
development board schemes for the development, improvement and
settlement of land;
(d) to initiate and carry out by itself or through its managing agents or
any corporation or local
development board schemes for the processing and marketing of
produce;
(e) to approve land development, improvement and settlement schemes
and schemes for the processing
and marketing of produce proposed by any public or private body or
person, and to give assistance to
any such body or person, including financial assistance by way of grant,
loan or otherwise;
(f) to carry on any of the activities listed in paragraphs (a), (c), (d), (g)
and (h) in association with any
public or private body or person or as managing agents or otherwise on
their behalf;
(g) to make loans, subject to such conditions including management by
staff approved by the Authority,
as the Authority may think fit, in accordance with the provisions of this
Act;
(h) to do anything and to enter into any transaction (whether or not
involving expenditure, borrowing in
accordance with the provisions of this Act, receiving grants of land or
money, holding land or money,
investing money, granting loans of money, the acquisition, use and
disposal of any real or personal
property, including rights) which in its opinion is calculated to facilitate
the proper discharge of its functions
or is incidental or conducive thereto.
(Amended by Ordinance 37 of 1966, s. 92.)
(4) The Authority shall not promote, carry out, assist or participate in any
such project or activity as is referred to
in subsection (3), until such measures for consultation with the Government
and all interested parties, including
owners of land as appear to the Minister to be appropriate have been taken.
(Amended by Legal Notice 112 of 1970.)
Additional functions of the Authority
4. In addition to the duties imposed by this Act, the Authority may
undertake such other functions and administer
and expend such other monies for such purposes as the Minister may assign
to the Authority, and in so doing the
Authority shall be deemed to be fulfilling the purposes of this Act and the
provisions of this Act shall apply to the
Authority in respect of such functions and the administration and expending
of such monies:
Provided that the accounts of such monies shall be kept separate and apart
from the other accounts of the
Authority and of every corporation.
Funds of the Authority
5. The funds and resources of the Authority shall consist of-
(a) such sums as may be appropriated to the Authority by vote or
resolution of Parliament;
(b) such other sums as may be given to the Authority by any public or
private body or person;
(c) such sums as may be borrowed by the Authority for the purpose of
meeting any of its obligations or
discharging any of its duties;
(d) any property, investments, mortgages, charges or debentures
acquired by or vested in the Authority
and any monies earned or arising therefrom;
(e) all sums from time to time received by or falling due to the Authority
in respect of the repayment of the
principal of any loan made by the Authority or the interest payable in
respect of any such loan;
(f) all other monies or property which may in any manner become
payable to or vested in the Authority in
respect of any matter incidental to its powers and duties.
(Amended by Legal Notice 112 of 1970.)
Balancing of revenue account
6. It shall be the duty of the Authority so to exercise and perform its
functions under this Act as to secure that the
total revenues of the Authority are sufficient to meet all sums properly
chargeable to its revenue account, including,
without prejudice to the generality of that expression, provisions in respect
of a reserve fund if established and
depreciation and interest on capital, taking one year with another.
Reserve fund
7.- (1) The Authority may establish a reserve fund.
(2) The management of the reserve fund, and the sums to be paid from time
to time to the credit thereof and the
application thereof shall be as the Authority may determine:
Provided that no part of the reserve fund shall be applied otherwise than for
purposes of the Authority.
Powers of expenditure
8. The Authority may from its funds and other resources-
(a) pay any expenses lawfully incurred by the Authority, including
survey, legal and other fees and costs,
and the remuneration of agents, technical advisers, officers or servants
appointed by the Authority,
including reimbursement for out of pocket expenses and contributions to
any provident fund established
by the Authority under the provisions of this Act or established by any
other Act;
(b) pay any other expenses, costs or expenditure properly incurred or
accepted by the Authority in the
execution of its duty or in the discharge of its functions under this Act;
(c) purchase or hire plant, equipment, machinery, stores and any other
materials and pay the cost of the
acquisition of any land and the erection of any buildings and the
carrying out of any works and
undertakings in the execution of its duty or in the discharge of its
functions under this Act;
(d) repay any monies borrowed under this Act and the interest due
thereon or set apart any sum required
to be transferred to a sinking fund for the purpose of making provision
for the repayment of such monies
and the interest thereon.
Borrowing powers
9. The Authority may from time to time borrow, with the consent of and
upon such terms and conditions as the
Minister may approve, any sums required by it for meeting any of its
obligations or discharging any of its duties.
(Amended by Legal Notice 112 of 1970.)
Temporary loans and overdraft
10. Without prejudice to the provisions of section 9, the Authority may
borrow by way of temporary loan or
overdraft from a bank or otherwise any sum which the Authority may
temporarily require for the purpose of
defraying the administrative expenses of the Authority:
Provided that the Authority shall not be empowered to borrow any sum so
that the total indebtedness in respect
of borrowings under this section shall at any one time exceed $2,000.
Power to issue stock, etc.
11.- (1) The Authority may from time to time, with the approval of the
Minister, borrow money by the issue of
bonds, debentures or debenture stock, or raise capital by the issue of shares
or stock of such class and value and
upon such terms as it may deem expedient, for all or any of the following
purposes:-
(a) the provision of working capital;
(b) the fulfilling of the duties of the Authority under this Act;
(c) the fulfilling of such additional functions as may be undertaken by
the Authority under this Act;
(d) the redemption of any shares or stock which it is required or entitled
to redeem;
(e) any other expenditure properly charged to capital account.
(Amended by Legal Notice 112 of 1970.)
(2) The Authority may make rules not inconsistent with the provisions of
this Act to provide for such matters in
connection with shares, stock, bonds, debentures or debenture stock issued
under this Act as may appear
necessary or expedient to the Authority, and, in particular, for regulating the
method of issue, transfer, redemption
or other dealing with such shares, stock, bonds, debentures or debenture
stock.
Investments
12. The funds of the Authority and any reserve fund, without prejudice to
the provisions of section 3, and any
sinking fund, may be invested in any securities authorised by law for the
time being for the investment of trust
funds or in such other manner as the Minister may from time to time
approve.
(Amended by Legal Notice 112 of 1970.)
Accounts and audit
13.- (1) The Authority shall keep or shall cause to be kept proper accounts
and other records in respect of its
operations and of all corporations established by the Authority, and shall
cause to be prepared statements of
accounts in respect of each financial year.
(2) The accounts of the Authority and of each such corporation shall be
audited by auditors appointed by the
Authority.
Report
14.- (1) The Authority shall, as soon as conveniently possible after the end
of each financial year, submit to the
Minister a report containing-
(a) an account of its work during the year; and
(b) a statement of the accounts of the Authority duly audited in
accordance with the provisions of section
13.
(2) A copy of the report together with a copy of the report of the auditors
shall be laid before Parliament.
(Amended by Legal Notice 112 of 1970.)
Constitution of Authority
15.- (1) The Authority shall be a body corporate under the name of the Land
Development Authority, and by that
name shall have perpetual succession and may hold land and sue and be
sued and may do all other matters and
things incidental or appertaining to a body corporate and not inconsistent
with the provisions of this Act.
(2) Service upon the Authority of any notice, order or document shall be
effected by delivering the same or by
sending it by registered post to the secretary of the Authority.
(3) The Authority shall consist of-
(a) a Chairman and a Deputy Chairman, who shall be appointed by the
Minister for such term not
exceeding three years as the Minister may determine; and
(b) not more than six nor less than three members, who shall be
appointed by the Minister and of whom
at least one shall be a person who in the opinion of the Minister
represents Fijian interests and shall,
subject to the provisions of this Act, hold office for such term not
exceeding three years and subject to
such conditions as the Minister may determine.
(Amended by Ordinance 14 of 1963, s. 2; Legal Notice 112 of 1970.)
(4) In the absence of the Chairman from any meeting the Deputy Chairman
shall preside. In the absence of the
Chairman and the Deputy Chairman from any meeting the members present
shall appoint a temporary Chairman.
The Deputy Chairman and a temporary Chairman shall have all the powers
of the Chairman for that meeting.
(5) The Minister may appoint any person to be a temporary member of the
Authority during the temporary
incapacity through illness or any other cause or during the temporary
absence from Fiji of any member.
(Amended by Legal Notice 112 of 1970.)
(6) Any person ceasing to be a member of the Authority shall be eligible for
re-appointment.
(7) The Minister may at any time accept the resignation of any member.
(Amended by Legal Notice 112 of 1970.)
(8) The Minister may at any time revoke the appointment of any member of
the Authority, if he thinks it expedient
so to do, without assigning any reason therefor.
(Amended by Legal Notice 112 of 1970.)
Common seal
16.-(1) The Authority shall have a common seal.
(2) The common seal shall be kept in safe custody and all deeds, documents
and other instruments requiring the
seal of the Authority shall be sealed with the seal of the Authority in the
presence of the Chairman and of a
member or an officer of the Authority, who shall sign every such deed,
document or other instrument to which
such seal is affixed and such signing shall be sufficient evidence that such
seal was duly and properly affixed and
that the same is the lawful seal of the Authority.
(3) Any contract or instrument which, if entered into or executed by a
person not being a body corporate, would
not be required to be under seal, may be entered into or executed on behalf
of the Authority by any person
generally or specially authorised by the Authority for that purpose.
(4) The seal of the Authority shall be officially and judicially noticed.
Remuneration of members
17. A member of the Authority may be paid and receive from the funds of
the Authority such remuneration as
may be approved by the Minister and such reimbursement for out of pocket
expenses as the Authority may
determine.
(Amended by Legal Notice 112 of 1970.)
Members not to vote on matters in which they are interested
18. -(1) A member shall not at any meeting of the Authority, or of a sub-
committee thereof, vote in respect of any
contract or arrangement proposed to be entered into by the Authority in
which he or any company of which he is
a director or manager or any firm in which he is a partner has directly or
indirectly any interest.
(2) A member shall not be deemed to have a share or interest in any such
contract or arrangement by reason only
of his being a shareholder in a company with which it is proposed that the
Authority should enter into such
contract or arrangement unless he has a controlling interest in such
company.
Quorum and voting
19. -(1) The quorum at meetings of the Authority shall be-
(a) three, if the total number of members appointed does not exceed
five; and
(b) four, if the total number of members appointed exceeds five.
(2) At any meeting of the Authority the Chairman, and when presiding, the
Deputy Chairman or a temporary
Chairman shall have a deliberative vote and in the case of equality of votes
shall also have a casting vote.
Officers of the Authority
20. -(1) The Authority, or if management agents are appointed under
paragraph (b) of subsection (3) of section 3,
the managing agents, may appoint such officers and servants as it or they
consider necessary for the proper and
efficient carrying out of the functions of the Authority.
(2) The salary to be paid to the person appointed to serve as chief executive
officer of the Authority shall be as
determined from time to time by the Higher Salaries Commission.
(3) Subject to the provisions of the Higher Salaries Commission Act, the
salary to be paid to any other officers
and servants appointed under subsection (1)shall be determined by the
Authority.
(Substituted by Act 11 of 1983, s. 27, Sch. 2.)
(Cap. 2A.)
Delegation
21. -(1) Subject to any rules made under the provisions of section 22, the
Authority may delegate to any
subcommittee, member or members of the Authority the power and
authority to carry out on its behalf such
duties, powers or functions as the Authority may determine.
(2) The Authority may at the time of delegating any power or authority
under subsection (1) to any subcommittee,
member or members or at any time thereafter give directions as to the
manner in which such delegated power or
authority is to be exercised and may at any time revoke, modify or increase
such delegation.
Rules
22. The Authority may make rules not inconsistent with the provisions of
this Act-
(a) defining the relations of the Authority with corporations;
(b) prescribing the system of management of the Authority and the
responsibilities and control of officers
and servants of the Authority;
(c) imposing fees in such cases as may be determined by the Authority;
(d) regulating the opening, keeping, closing and audit of accounts of
corporations;
(e) generally for the exercise of its powers and duties under the
provisions of this Act.
PART III - CORPORATIONS
Power to establish corporations
23.- (1) The Authority, with the approval of the Minister, may from time to
time by order published in the Gazette
establish a corporation by such name as may be specified in the order to
carry out and have the charge, conduct
and management of any project, scheme or enterprise which has been
planned or undertaken by the Authority in
execution of its duty or discharge of its functions under this Act, and may in
like manner cancel, vary or amend
any such order.
(Amended by Legal Notice 112 of 1970.)
(2) An order under the provisions of subsection (1) shall, in addition to the
matters referred to in section 24, make
provision in respect of the following matters:-
(a) the constitution of the corporation;
(b) the finances of the corporation;
(c) the repayment of loans to the corporation;
(d) the accounts to be kept by the corporation and the audit of the
accounts;
(e) the purposes and objects for which the corporation is established;
(f) the rights, powers, duties and functions of such corporation;
(g) the terms of office and duties of the Chairman and members of the
corporation.
PART IV - REGULATION AND INCORPORATION OF
CORPORATIONS
Regulation and winding up
24. -(1) Subject to the provisions of this Act, the Authority may, by the
order by which a corporation is
established, make provision in respect of the following:-
(a) the delegation of the duties, powers or functions of the corporation;
(b) the quorum, proceedings and meetings of the corporation;
(c) the execution of instruments and the mode of entering into contracts
by and on behalf of the
corporation and the proof of documents purporting to be executed,
issued or signed by the corporation or
a member or officer thereof;
(d) the ensuring of the proper application of monies lent by the
corporation;
(e) the relations between the corporation and the Authority and the
rights of control over such corporation
by the Authority;
(f) the system of management thereof;
[(g)*****]
(Amended by Act 11 of 1983, s. 27, Sch. 2.)
(2) Subject to the provisions of this Act and to any provision made under
subsection (1), a corporation shall have
power to regulate its own procedure.
(3) Nothing in this section shall be deemed to authorise the Authority to
establish any corporation for any purpose
or object more extensive in scope than the purposes or objects for which the
Authority was constituted or to
confer on any corporation any right, duty, power or function which is not
within the rights, duties, powers or
functions of the Authority under this Act.
(4) The Authority, with the approval of the Minister, may by order
published in the Gazette direct that any
corporation established by it shall be wound up and dissolved.
(Amended by Legal Notice 112 of 1970.)
(5) Upon the dissolution of any corporation under this section the assets of
the corporation after payment of all
liabilities shall be transferred to and vested in the Authority.
(6) The winding up of a corporation under this section shall be conducted in
such manner as may be prescribed.
Officers and servants
24A. -(1) A corporation may appoint a General Manager and such other
officers and servants as it may consider
necessary for the proper and efficient carrying out of the purposes of the
corporation.
(2) A General Manager appointed under subsection (1) shall be paid such
salary as is determined from time to
time by the Higher Salaries Commission.
(3) Subject to the provisions of the Higher Salaries Commission Act, other
officers and servants appointed under
subsection (1) shall be paid such salaries as the corporation from time to
time determines.
(Cap. 2A.)
(Inserted by Act 11 of 1983, s. 27, Sch. 2.)
Incorporation
25. -(1) Every corporation shall be a body corporate by such name as shall
be specified by the Authority in the
order by which such corporation is established, and by that name shall have
perpetual succession and may hold
land and sue and be sued and may do all other matters and things incidental
or appertaining to a body corporate
and not inconsistent with the provisions of this Act and subject to such
restrictions or limitations as may be
prescribed by the Authority by the order by which such corporation is
established.
(2) Every such corporation shall have a common seal.
(3) The common seal shall be kept in safe custody and all deeds, documents
and other instruments requiring the
seal of such corporation shall be sealed with the seal of such corporation in
the presence of such persons as the
corporation shall direct, who shall sign every such deed, document or other
instrument to which such seal is
affixed and such signing shall be sufficient evidence that such seal was duly
and properly affixed and that the same
is the lawful seal of such corporation.
(4) The seal of every corporation shall be officially and judicially noticed.
PART V - LOCAL DEVELOPMENT BOARDS
Establishment of local development boards
26. -(1) The Minister may by order under his hand with the advice of the
Authority from time to time establish
local development boards in any part of Fiji with such membership and
constituted for such purposes and objects
not more extensive in scope than the purposes and objects for which the
Authority was constituted, and with such
rights, powers, duties and functions, not greater than those which are or may
be conferred on the Authority by or
under the provisions of this Act, as he shall think fit; and any such local
development board shall have and may
exercise and perform such rights, powers, duties and functions accordingly.
(Amended by Legal Notice 112 of 1970.)
(2) An order under subsection (1) shall make provision in respect of the
following:-
(a) the purposes and objects for which any local development board is
established;
(b) the rights, powers, duties and functions of such local development
board;
(c) the terms of office and duties of the chairman and members of such
local development board;
(d) the quorum, proceedings, and meetings of such local development
board;
(e) the relations between such local development board and the
Authority and the rights of control over
such local development board by the Authority.
(3) The Minister may, with the advice of the Authority, by order under his
hand cancel, vary or amend any order
made under subsection (1) and may similarly direct that any local
development board be wound up and dissolved.
(Amended by Legal Notice 112 of 1970.)
PART VI – LOANS
Suspension of payment and power to extend time, compound or
release
27. The Authority may-
(a) postpone, for any period not exceeding ten years, the payment of any
sum due for principal and
interest or for either principal or interest to it in respect of a loan made
by it upon such terms and
conditions for the carrying out of the purposes for which such loan was
made and for the ultimate
repayment of such principal or payment of such interest as it may deem
necessary;
(b) from time to time extend the period for the repayment of any loan, or
compound or release any loan
or any part thereof subject to such terms and conditions as it may deem
fit.
Enquiry as to application of moneys lent
28.- (1) When the Authority has made a loan of money under the provisions
of this Act it may-
(a) from time to time, make or cause to be made such enquiry as may be
necessary to ensure that the loan
is being applied to the purposes for which it was made;
(b) require financial statements in such detail as it may determine to be
submitted by the person, body or
authority in receipt of the loan bi-annually or at shorter intervals at the
discretion of the Authority and such
person, body or authority shall comply with such request.
(2) The Authority may authorise in writing any of its officers or any other
person to make the enquiry referred to in
paragraph (a) of subsection (1), and the person, body or authority in receipt
of the loan shall produce to such
officer or person all the relevant books, documents and other matters and
things necessary for the purposes of the
inquiry.
(3) Any person who fails to comply with any requirement made under the
provisions of paragraph (b) of
subsection (1) or with the provisions of subsection (2), shall be guilty of an
offence and shall be liable to a fine not
exceeding $100.
Order upon such enquiry
29. Where upon an enquiry made under the provisions of section 28 or
under any order establishing or regulating
a corporation it appears to the Authority or the corporation that any sum,
being the whole or any part of the loan,
has not been applied for the purposes for which the loan was made, it may
order that any such sum be, within the
time mentioned in the order, applied to such purposes or that such sum
together with any interest due thereon on
the date of the order be repaid to the Authority or corporation within the
time mentioned in the order, and any
sum with the interest thereon so ordered to be repaid to the Authority or
corporation shall thereupon become a
debt due to the Authority or corporation.
Misapplication of loan
30.- (1) If any loan made under the provisions of this Act or any part of
such loan has been misapplied, the
Authority or a corporation may-
(a) when such loan has been secured by charge or mortgage, by notice in
writing addressed to the
charger or mortgagor, recall the said loan or any part thereof and may
require the loan or that part
together with any interest due on the date of the notice to be repaid on a
date to be specified in the notice
and in default of payment on such specified date any security given for
the purpose of the loan may
thereupon be realized;
(b) when such loan has been secured otherwise than by way of charge or
mortgage, by notice addressed
to the borrower, request the loan or any part thereof together with any
interest due on such loan or part
thereof on the date of the notice to be repaid on a date to be specified in
the notice and in default of
payment on such specified date any security given for the purpose of the
loan may thereupon be realized.
(2) The provisions of subsection (1) shall be in addition to any other
proceedings under the provisions of any
other Act.
(Amended by Ordinance 37 of 1966, s. 92.)
Offences in respect of loans
31. Any person who-
(a) in the course of applying for a loan from the Authority or a
corporation wilfully fails to disclose any
material information within his knowledge or wilfully makes any
statement which he knows to be false or
does not believe to be true;
(b) wilfully applies any loan made to him by the Authority or a
corporation under the provisions of this Act
to any purpose other than the purpose for which the loan was made;
(c) having obtained a loan from the Authority or a corporation under the
provisions of this Act wilfully
destroys any security given in relation to any such loan,
shall be guilty of an offence and shall be liable to imprisonment for a term
not exceeding twelve months or to a fine
not exceeding $1,000 or to both such imprisonment and fine.
Special defence
32. In any criminal proceedings in respect of an offence under paragraph (b)
of section 31 it shall be a good
defence for the person accused to prove that he acted in good faith and
without knowledge that he was not
entitled so to apply the loan or any part thereof.
PART VII – GENERAL
Power to employ agents
33. The Authority and every corporation may employ and pay agents and
technical advisers whether barristers
and solicitors, bankers, stockbrokers, surveyors or valuers or other persons,
to transact any business or to do any
act required to be transacted or done in the execution of the duties of the
Authority or corporation or for the
better carrying into effect the purposes of this Act and may pay all charges
and expenses so incurred.
Compromise
34. The Authority and any corporation may compound or compromise for
or in respect of any claim or demand
made against it, for such sums of money or other compensation as it deems
sufficient.
Bad debts
35. The Authority and any corporation may write off bad debts.
Exemptions
36. The Authority and every corporation shall be exempt from the payment
of stamp duties and income tax.
Personal liability of members, officers and servants of the Authority
or corporation
37. No member, officer or servant of the Authority or of any corporation
shall be personally liable for any act,
neglect or default done or omitted to be done in good faith in the course of
the operations of the Authority or of
such corporation.
Protection of Authority and corporation
38. No act done or proceeding taken under this Act shall be questioned on
the ground-
(a) of the existence of any vacancy in the membership of, or any defect
in the constitution of, the Authority
or any corporation; or
(b) of any omission, defect or irregularity not affecting the merits of the
case.
Minutes receivable in evidence
39. Any minutes made of meetings of the Authority or any corporation
shall, if duly signed, be receivable in
evidence in all legal proceedings without further proof, and every meeting
of the Authority or any corporation in
respect of the proceedings of which minutes have been so made shall be
deemed to have been duly convened and
held and all members thereat to have been duly qualified to act.