Schedule
(Section 29)
PART 1
REGISTRATION OF HOLDINGS
1. | Citation |
2. | Interpretation |
PART 2
REGISTRATION OF HOLDINGS
3. | Registration and application therefor |
4. | Cancellation of registration |
5. | Issue of registration cards |
6. | Possession of cards |
7. | Functions of and duties with regard to cards |
8. | Transfer of possession or control of holdings |
9. | Annual Statements |
PART 3
THE UNDERTAKING
10. | Form and particulars of the undertaking |
PART 4
PAYMENT OF STATUTORY BENEFIT
11. | Payment by instalments |
PART 5
CONTRACTUAL INSURANCE AND BENEFIT
12. | Form of the contract |
13. | Period of insurance |
14. | Subject matter of insurance |
15. | Premium |
16. | Conditions for contractual benefit |
17. | Amount of contractual benefit |
18. | The applicable provisions |
19. | Records |
PART 6
RETURNS, TRIBUNALS AND REVIEWS
20. | The return claiming benefit |
21. | Establishment of tribunals |
22. | Applications for review |
PART 7
CESS
23. | Payment of cess |
Schedule 1 | |
Schedule 2 | |
Schedule 3 | |
Schedule 4 | |
WINDWARD ISLANDS BANANA INSURANCE REGULATIONS
PART 1
REGISTRATION OF HOLDINGS
1. Citation
These Regulations may be cited as the Windward Islands Banana Insurance Regulations.
2. Interpretation
In these Regulations, unless the context otherwise requires—
“Act” means the Windward Islands Banana Insurance Act;
“applicable provisions” means the provisions of the Act and Regulations made thereunder governing, as the case may be any aspect of—
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(a) the return claiming statutory benefit,
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(b) the inspections required to be made on receipt of such return and the report of the inspectors after completion of such inspections,
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(c) the assessment required to be made by the Authority after receipt of such report,
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(d) the establishment of a tribunal for the purpose of the review of such assessment and the report of such tribunal, and
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(e) the effect of such report of such assessment;
“application for registration” means application in accordance with these regulations for registration of a parcel or parcels of land as a holding;
“application for review” means application in accordance with these regulations for the review by the appropriate tribunal of an assessment;
“appropriate agent” means in relation to any function or matter, the person authorised by the Authority or the local authority as the case may be, to exercise that function or deal with that matter for and on behalf of the Authority or the local authority;
“contract of insurance” means a contract entered into between the Authority and an assured for the insurance of his or her plant mats against loss.
PART 2
REGISTRATION OF HOLDINGS
3. Registration and application therefor
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(1) Any person who desires to register any parcel or parcels of land as a holding shall make application therefor in duplicate in the form and manner and containing the particulars set out in Form I in Schedule 1 to these Regulations.
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(2) Every application for registration shall be delivered at the office of the Authority to its appropriate agent.
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(3) Immediately upon delivery of any application for registration in accordance with the foregoing provisions of this Part of these regulations, the appropriate agent shall acknowledge receipt of the application by affixing at the foot of the original and duplicate copy of the application his or her signature and the date thereof and shall thereupon return the duplicate copy of the application to its bearer.
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(4) The Authority shall cause a proper record to be kept of the originals of all applications for registration.
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(5) A parcel of land shall be deemed to be registered as a holding from the moment of acknowledgement of receipt of the application for registration thereof in accordance with the provisions of subregulations (1), (2) and (3).
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(6) Parcels of land which before the coming into effect of these regulations were treated by the Authority as holdings shall be deemed to have been registered under these Regulations.
4. Cancellation of registration
Should the Authority discover a misrepresentation in any material particular in any application for registration, the Authority may, by notice served upon the grower, cancel the registration of the holding to which such application relates, and immediately upon service of such notice such parcel or parcels of land shall cease to be a holding.
5. Issue of registration cards
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(1) Upon being satisfied as to the truth of the matter stated in any application for registration, the Authority shall without delay issue to the grower a numbered registration card, which shall contain the names and addresses of the grower and the registered number of the holding to which such application relates.
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(2) Cards shall be issued free of charge, but in the event of the loss of a card, the Authority may, on the application of the grower and on payment to the Authority of the sum of $0.25, issue a fresh card in substitution of the lost card.
6. Possession of cards
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(1) A person shall not be or remain in possession of a numbered registration card issued under this Part of these regulations except the following persons namely—
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(a) the grower;
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(b) an authorised agent of the grower;
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(c) the local authority;
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(d) the Authority;
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(e) an authorised agent of the Authority or the local authority.
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(2) The Authority or any authorised agent of the Authority may impound and retain any registration card which was found to be in the possession of any person other than a person entitled to hold such a card by virtue of the provisions of subregulation (1).
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(3) The onus shall be on the person who sets himself or herself up as an agent of any grower to prove his or her agency for the purposes of subregulation (1).
7. Functions of and duties with regard to cards
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(1) A registration card shall, so long as the same remains in force, be deemed to be confirmation and conclusive evidence of the registration of the holding to which it relates.
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(2) Any person who offers bananas for sale to the local authority, whether at a buying point or at a reception station, or to a dealer shall at the time of such offer, produce for inspection by the local authority or its appropriate agent, the numbered registration card with respect to the holding whence such bananas were reaped.
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(3) If a grower offers bananas for sale to the local authority or its appropriate agent and at the time of such offer fails to produce the numbered registration card with respect to the holding whence such bananas were reaped, the local authority or its appropriate agent shall be entitled to reject such offer or to accept same and postpone payment thereunder until good and sufficient cause for the non-production of that registration card shall have been proved to the satisfaction of the local authority or its appropriate agent.
8. Transfer of possession or control of holdings
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(1) The personal representative of a deceased grower shall, so long as the deceased grower's holding remains vested by law in such personal representative, be deemed to be substituted for the deceased grower as the grower.
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(2) On the transfer of possession or control of a holding or any part thereof, the person who was the grower immediately before the transfer shall, within 14 days of the transfer, notify the Authority of that transfer and hand over to the Authority the registration card with respect to that holding.
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(3) Upon receipt of notification of a transfer of possession or control of a holding or any part thereof as provided for in this Part of these regulations, the Authority shall cancel or revoke the registration card issued with respect to that holding and thereupon that registration card shall cease to be in force.
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(4) In the absence of receipt of notification of transfer as provided for in this Part of these regulations the Authority may, if the Authority has reason to believe that a transfer of possession or control of any holding has in fact been effected, serve notice, upon the person who was the grower immediately before such transfer, of the Authority's intention to cancel or revoke the registration card issued with respect to that holding, and if the grower fails within 14 days after service of such notice to prove to the satisfaction of the Authority that no such transfer has in fact been effected, the registration card issued with respect to that holding shall stand cancelled or revoked and shall cease to be in force.
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(5) In any case where a registration card has been revoked or cancelled by virtue of the provisions of this Part of these regulations, the Authority shall issue a fresh registration card or cards in favour of the new grower or growers in substitution of the card so revoked or cancelled.
9. Annual Statements
Every grower shall not later than 28 February in each year deliver at the office of the Authority to the Authority's appropriate agent, a statement in the form and manner and containing the particulars set out in Form II in Schedule 1.
PART 3
THE UNDERTAKING
10. Form and particulars of the undertaking
Any undertaking which a grower may be required to enter into as a condition for the receipt of statutory benefit shall be in the form and shall contain the particulars set out in Form I in Schedule 2.
PART 4
PAYMENT OF STATUTORY BENEFIT
11. Payment by instalments
Statutory benefits may be paid in equal instalments not exceeding 4 in number extending over a period not longer than 3 months.
However, any instalment other than the first instalment may be withheld from a grower who has not complied with the undertaking which he or she has entered into as a condition for the receipt of statutory benefit and the Authority may continue to withhold such instalment pending compliance with that undertaking.
PART 5
CONTRACTUAL INSURANCE AND BENEFIT
12. Form of the contract
A contract of insurance and the proposal shall be in the forms and shall contain the particulars set out in Form I and Form II respectively in Schedule 3.
13. Period of insurance
A contract of insurance shall be for the period commencing on 1 January of one year and ending on 31 December of the same year or for the period commencing on 1 July of one year and ending on 30 June of the following year.
14. Subject matter of insurance
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(1) A contract of insurance shall not be entered into with respect to plant mats unless those mats are part of a block of at least 100 plant mats in a new or replanted field.
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(2) During any period of insurance, the plant mats of a holding shall not be insured under more than one contract of insurance.
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However, a contract of insurance may at any time at the discretion of the Authority be varied to provide for additional coverage.
15. Premium
The premium payable by an assured shall be at the rate of $0.03 for every plant mat.
However, in the case of holdings which have been replanted to the satisfaction of the Authority, the Authority may reduce the premium to $0.02 for every plant mat.
16. Conditions for contractual benefit
An assured shall be qualified to receive contractual benefit in respect of the loss of the plant mats specified in his or her contract of insurance, and shall not be so qualified, unless—
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(a) the information supplied by him or her and set out in the Proposal Form attached to his or her contract of insurance is true and correct in every particular;
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(b) the plant mats with respect to which he or she claims benefit or that portion of the holding of which those plant mats originally formed part has suffered loss to an extent not less than the statutory minimum;
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(c) during the appropriate insurance year, no bunch of bananas was harvested from the mats with respect to which he or she claims benefit;
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(d) at the time of the windstorm, the premium due under his or her contract of insurance has been fully paid; and
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(e) he or she makes a return in accordance with the provisions of Part 6 of these Regulations.
17. Amount of contractual benefit
The amount of benefit payable to an assured under a contract of insurance shall be $0.50 for every affected plant mat in excess of the minimum statutory percentage.
18. The applicable provisions
The applicable provisions shall with the necessary modifications apply to every contract of insurance entered into under the Act between the Authority and an assured, and in relation to every such contract, the applicable provisions and the forms prescribed thereunder shall be construed as if—
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(i) for the word “statutory” there were substituted the word “contractual”,
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(ii) for the word “grower” there were substituted the word “assured”,
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(iii) for the word “ratoon” there were substituted the word “plant”,
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(iv) for the words “registration number” there were substituted the words “policy number”.
19. Records
An assured shall keep proper records of all bunches of bananas harvested from the mats referred to in the proposal form attached to his or her contract of insurance, and shall forward those records to the Authority after every sale of bananas to the local authority.
PART 6
RETURNS, TRIBUNALS AND REVIEWS
20. The return claiming benefit
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(1) Every return claiming statutory benefit shall be in the form and shall contain the particulars set out in Form 1 in Schedule 4 to these Regulations.
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(2) Every such return shall be delivered at the office of the Authority to the appropriate agent within 10 days after the occurrence of the windstorm which occasioned the loss in respect of which benefit is claimed.
21. Establishment of tribunals
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(1) The tribunals required to be established under the provisions of the Act for the purpose of applications for review or appeals under section 13 of the Act shall be established in the manner and numbers specified in subregulation (2).
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(2) Every tribunal shall be appointed by the Authority and shall consist of—
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(a) one member on the advice of the grower;
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(b) one member on the advice of the Authority; and
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(c) one member on the advice of the Director of Agricultural Services.
22. Applications for review
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(1) Every application for review and every appeal under section 12 of the Act shall be in the form and manner and shall contain the particulars set out in Forms II or III respectively of Schedule 4 to these Regulations.
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(2) Every application for review shall be made within 7 days of the date of service on the grower of the assessment to which such application relates.
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(3) The deposit required by the Act to accompany every application for review shall be—
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(a) $10 in the case where the application for review relates to an assessment of a single affected holding;
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(b) $15 in the case where the application for review relates to assessment of an area within which are comprised more than one affected holding.
PART 7
CESS
23. Payment of cess
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(1) Any cess collected by the local authority shall be paid over to the Authority by a deposit of the amount of that cess to the credit of the Authority in any bank specified by the Authority.
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(2) Every such deposit shall be made not later than the fifteenth day of the month next following the month during which the cess shall have been collected.
Schedule 1
(Regulation 3) |
FORM 1 |
APPLICATION FOR REGISTRATION. |
ISLAND OF .................... |
To: The AUTHORITY, |
I/We ........................................................................................................ |
................................................................................................................... |
of (address) .................................................................................................... |
do hereby apply for registration as a holding of all that piece or parcel of land .......................... acres in extent known as ................................ situate at ................................. and bounded as follows— |
NORTH by ............................................................................................ |
SOUTH by ............................................................................................ |
EAST by .............................................................................................. |
WEST by ............................................................................................. |
AND I/We hereby declare as follows— |
1. That there are growing on the said piece or parcel of land ........................ plant mats and ....................... ratoon mats as detailed on the back of this form. |
2. That the said mats belong to me/us. |
3. That I/We am/are in actual possession or control of the said piece or parcel of land. |
4. That I/We am/are entitled to possession of the said piece or parcel of land by virtue of ....................................................................... |
.................................................................................................................... |
Dated ......................... |
Applicant (s) ..................................... |
Witness ........................................... |
Witness ........................................... |
Received this .................................... day of .............................. 20.................... |
..................................... |
Appropriate Agent. |
DETAILS OF PLANT AND RATOON MATS ON HOLDING |
Name or number of Field of Section | Approximate Planting Date | No. of Mats | Remarks |
Ratoon | Plants |
| | | | |
| | | | |
| | | | |
| | | | |
| | | | |
| | | | |
| | | | |
| | | | |
(Regulation 9) |
FORM II |
–––––– |
ANNUAL STATEMENT. |
ISLAND OF ............................................................................................... |
HOLDING REGISTRATION NO: ........................................................................ |
NAME OF HOLDING (if any) ............................................................................. |
LOCALITY ................................................................................................... |
NAME OF GROWER (S) ................................................................................... |
.................................................................................................................. |
.................................................................................................................. |
TITLE TO POSSESSION OR CONTROL ............................................................... |
.................................................................................................................. |
.................................................................................................................. |
CULTIVATION PARTICULARS TO BE DETAILED ON THE |
BACK OF THIS FORM |
| RATOON MATS | PLANT MATS |
(a) At the date of registration | ................................................ |
(b) At date of last annual statement | ................................................ |
(c) At present date | ................................................ |
POUNDAGE DELIVERED SINCE LAST ANNUAL STATEMENT ........................ |
.................................................................................................................. |
Dated ............................................... at ......................................................... |
Signature (s) of grower (s) .......................... |
.......................... |
.......................... |
Witness to the above signature (s) |
......................................... |
CULTIVATION PARTICULARS |
| Acres | Average Population per acre | Total Mats |
Ratoon mats from which a bunch | | | |
has been harvested: | | | |
(a) Pure Stand | ........... | ........... | ........... |
(b) Mixed Cultivation | ........... | ........... | ........... |
Plant Mats from which a bunch: | | | |
has not been harvested | | | |
(a) Pure Stand | ........... | ........... | ........... |
(b) Mixed Cultivation | ........... | ........... | ........... |
| | | | | | | | | |
PARTICULARS OF FIELDS OR SECTIONS |
Field No. or Name | Ratoon Mats | | Plant Mats |
| Pure Stand | Mixed Cultivation | Date Planted | Pure Stand | Mixed Cultivation |
| |
| | | |
TOTALS ...... | | | | | |
.......................................... |
Signature of Grower. |
Schedule 2
(Regulation 10) |
FORM 1 |
––––––– |
ISLAND OF:.................................... |
UNDERTAKING. |
To: THE AUTHORITY. |
I/We ........................................................ of ............................................. in the Island of ........................... do hereby undertake upon the receipt of every instalment of statutory benefit paid to me/us in respect of the loss suffered by my/our holding known as ............................................................ and situated at ..................................... registration No .................. as a result of ................................ to apply..................... per centum thereof to the restoration, rehabilitation, extension and/or replacement of the banana cultivation on my/our said holding. |
........................... |
........................... |
Witness .................................. |
Schedule 3
(Regulation 12) |
FORM 1 |
––––––––––––– |
CONTRACT OF INSURANCE |
–––––– |
ISLAND OF:....................................... |
Policy No:.................................... |
In consideration of the payment by ............................... of ................................. |
(hereinafter referred to as the assured) of the premium required to be paid for the purposes hereof to wit the sum of $..............., the Authority hereby agrees (subject to the conditions hereinafter mentioned) to insure the assured against loss of ......................... plant mats now growing on his or her holding registration No ................. known as ............................... situate ..................................... |
.................................................................................................................. |
CONDITIONS |
1. | This insurance shall be governed by regulations made under the Windward Island Banana Insurance Act. |
2. | This insurance shall apply only to loss during the period commencing ....................... and ending ..................... |
.................................................................................................................. |
3. | This insurance shall be avoided if the proposal form attached hereto and signed by the assured is false in any particular. |
IN WITNESS WHEREOF we have hereto set our hands this .................................... day of ...................... |
WINDWARD ISLANDS BANANA GROWERS' ASSOCIATION LIMITED. |
By its appropriate agent ...................................................................................... |
(Regulation 12) |
FORM II |
––––––– |
PROPOSAL FORM. |
ISLAND OF:............................................ |
1. | Registration number of the holding ............................................................. |
2. | Name(s) of grower(s) ................................................................................ |
3. | Address(es) of grower(s) ........................................................................... |
4. | Name of Holding .................................................................................... |
5. | Locality of Holding ................................................................................. |
6. | How many of those plant mats at present growing upon the said holding are desired to be insured contractually? |
7. | When were those plant mats first planted or replanted? |
From ...................................................................................................... |
To ......................................................................................................... |
8. | Define area in which plant mats to be insured are growing |
.................................................................................................................. |
.................................................................................................................. |
.................................................................................................................. |
.................................................................................................................. |
I/We hereby declare that I/We am/are in possession and control of the said holding registration No. ........................ and that the above information is true to the best of my/our knowledge and belief. |
Signature(s) of proposer(s).................................. |
Date:.............................. |
Amount of Premium Paid ............................ |
Date Premium Paid .................................... |
Signature of Appropriate Officer ........................................................................... |
Date: ........................... |
Schedule 4
(Regulation 20) |
FORM I |
–––––– |
RETURN CLAIMING BENEFIT. |
ISLAND OF......................................... |
1. | Name(s) of grower(s) ........................................................................... |
| ........................................................................................................... |
2. | Address(es) of Grower(s) ...................................................................... |
| ........................................................................................................... |
3. | Registration number of affected holding .................................................. |
4. | Date of windstorm ................................................................................ |
5. | Name and location of holding ................................................................. |
| Ratoon Mats | Plant Mats |
(Statutory Insurance) | (Contractual Insurance) |
Date of planting .............................................................................................. |
Acreage under cultivation ................................................................................ |
Number immediately before windstorm ............................................................. |
No. destroyed or affected ................................................................................ |
Detail the above information according to fields or sections at the back of this form. |
State boundaries of holding: |
NORTH ....................................................................................................... |
SOUTH ....................................................................................................... |
EAST ......................................................................................................... |
WEST ......................................................................................................... |
Other Holdings Under Your Control: (This only applies to Statutorily Insured Ratoon Mats) |
Are you in possession or control of any other holding or holdings ............................. |
If so, how many ............................................................................................... |
Give particulars of other holdings on the back of this form |
Are the sales of bunches from this holding kept separate and distinct from sales of bunches from any other holding or holdings .............................................. |
.................................................................................................................. |
If so state names and registration numbers of other holding or holdings |
....................................................................................... |
I/We, do hereby make return claiming benefit in respect of the loss of my/our ratoon plant mats occasioned by the aforesaid windstorm and do hereby declare that the above return is true and correct to the best of my/our knowledge and belief. |
(Signed) ....................................... |
Witness ....................................... |
PARTICULARS OF OTHER HOLDINGS UNDER YOUR CONTROL |
Name of Holding | Locality | Registration No. | Number of Ratoon Mats |
1 | | | |
2 | | | |
3 | | | |
4 | | | |
5 | | | |
6 | | | |
7 | | | |
| | | |
DETAILS OF EXTENT OF LOSS OF MATS |
Name of Field or Section | Number prior to Windstorm | Number Affected | Number Unaffected | Remarks |
| | | | |
| | | | |
| | | | |
| | | | |
| | | | |
| | | | |
| | | | |
| | | | |
| | | | |
| | | | |
| | | | |
| | | | |
| | | | |
(Regulation 22) |
FORM II |
––––––––––– |
APPLICATION FOR REVIEW |
of |
(An assessment with respect to a single affected holding). |
To: The AUTHORITY. |
I/We, being the person(s) in possession and control of holding registration No. ................ issued by the Authority on the ....... day of ........................... 20 ......... and being dissatisfied with the assessment of the percentage of loss of mats suffered by the said holding as a result of the windstorm of the ........... day of ....................... 20 ...... hereby apply for a review of the said assessment by the appropriate tribunal and for that purpose forward herewith the prescribed deposit of $5. |
Dated this ........................... day of ........................... 20 |
Signature ........................................ |
(Regulation 22) |
FORM III |
––––––– |
APPEAL AGAINST DECLARATION |
To: The AUTHORITY |
I/We, being the person(s) in possession and control of holding registration No. issued by the authority on the ............ day of ................. 20 ........... and being dissatisfied with the declaration by the Authority contained in the notice dated day of 20 ............ and served on me/us on the ............. day of .............. 20 ........ hereby appeal against the said declaration. |
Dated this ........................... day of ........................... 20 |
Signature ............................................. |
CHAPTER 12.11
WINDWARD ISLANDS BANANA INSURANCE ACT
SUBSIDIARY LEGISLATION
No Subsidiary Legislation