| 52. | Mill Group Boards shall— |
| (a) | have as their principal objects the promotion of the interests of the mills and growers to which the respective Mill Group Boards relate, including the provision of services aimed at facilitating the reception and testing of cane delivered to the mills concerned; |
| (b) | perform their duties and exercise their powers in terms of this agreement, and advise the Administration Board on matters relating to the provisions of this agreement, as may be required from time to time; and |
| (c) | undertake the specific functions in relation to cane testing described in clause 53. |
| 53. | Each Mill Group Board shall, at the mill concerned, be responsible for— |
| (a) | the provision of all sampling and analysing facilities and equipment required for the determination of the recoverable value of cane delivered by growers to the mill for the purpose of determining— |
| (i) | the total mass of recoverable value of cane entering the mill; and |
| (ii) | the recoverable value of individual consignments of cane entering the mill, |
all in accordance with the Official Methods Manual;
| (b) | the determination of the total mass of recoverable value of cane entering the mill and the recoverable value of the individual consignments of cane, in accordance with the Official Methods Manual; and (c) keeping records of all data pertaining to its activities as required by the South African Sugar Association from time to time. |
| 54. | To enable it to discharge its functions, each Mill Group Board shall be a legal persona. |
| 55. | Each Mill Group Board shall, in respect of the mill concerned, have power to— |
| (a) | provide for the testing of cane in accordance with clause 53 and to decide on all aspects of cane sampling and analysis including but not limited to the frequency of cane sampling and analysis and the manner in which cane sampling and analysis shall be carried out; |
| (b) | enter into contracts in connection with the discharge of its obligations and without limiting the aforegoing generality, if it is resolved that cane testing is to be carried out in terms of a contract with any provider of cane testing services, to engage the services of a contractor to carry out cane testing at the mill concerned and to negotiate and agree the terms of such contract, including any renewal thereof; |
| (c) | undertake such tasks and duties as may from time to time be assigned to it by agreement between the Local Grower Structure/s and the mill concerned; |
[Clause 55(c) substituted by section 1(i) of Notice No. R. 700, GG43466, dated 23 June 2020]
| (d) | impose penalties on growers who fail, without good cause, to deliver cane to the mill concerned in terms of their cane delivery estimates; |
| (e) | recover the costs incurred in the discharge of its obligations from the mill and the growers concerned; |
| (f) | own, in its own name, any movable or immovable assets and, where appropriate, to secure registration of such assets in the name of the Mill Group Board; |
| (g) | dispose of any of its assets by public auction or private treaty and on such terms as it may decide; |
| (h) | open and operate bank accounts and to invest any funds surplus to its requirements in any registered financial institution; |
| (i) | borrow money, with or without security, to finance any of its objects and to pledge or mortgage any of its assets as security for any such borrowings; |
| (j) | delegate any of its powers to any person or organisation in such manner as it may from time to time determine; |
| (k) | employ such staff as may be required; |
| (l) | sue or to be sued in its own name; |
| (m) | supervise the entire cane testing process; and |
| (n) | undertake any other matter incidental to the proper performance of its functions. |
| 56. | A Mill Group Board shall at no time distribute any of its surplus funds, profits or gains to any person and shall at all times utilise its funds solely for the objects set out in this agreement. |
| 57. | If at any time a Mill Group Board is, for any reason whatsoever unable to discharge its obligations in terms of this agreement, the Administration Board shall be entitled, after giving written notice to the Mill Group Board of its intention to do so, to assume control of cane testing at the mill concerned. The Administration Board in so doing shall have all the powers of the Mill Group Board provided for in this agreement. Once it is satisfied that the Mill Group Board is again functional, then the Administration Board shall return control of cane testing at the mill concerned to the Mill Group Board. |
