CHAPTER 203
CASHEWNUT BOARD OF TANZANIA ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   Interpretation.

PART II
THE CASHEWNUT BOARD OF TANZANIA

   3.   Establishment of Cashewnut Board of Tanzania.

   4.   Functions of Board.

   5.   Board may perform commercial function.

   6.   Minister may give directions and make disciplinary regulations.

   7.   Funds of the Board and investment.

   8.   Power to impose levy.

PART III
MARKETING AND EXPORT OF CASHEWNUTS AND KERNELS

   9.   Restriction on export of kernels or cashewnuts.

   10.   Compulsory marketing orders.

   10A.   Payment of export levy

   11.   [Repealed.]

PART IV
ADMINISTRATION AND FINANCIAL PROVISIONS

   12.   Appointment of employees.

   13.   Transfer of employees.

   14.   Remuneration and allowances of members of Board of Directors.

   15.   Superannuation benefits.

   16.   Agents and contractors.

   17.   Power of Board of Directors to delegate.

   18.   Annual report on conduct of business.

   19.   Annual and supplementary budget.

   20.   Accounts and audit.

   21.   Board to have shares.

   22.   Treasury Registrar to hold the shares on behalf of the Government.

   23.   Shares issued to Treasury.

   24.   Registrar to be deemed paid up fully.

   25.   Reserve and special funds.

   26.   [Repealed.]

PART V
MISCELLANEOUS PROVISIONS

   27.   Protection from personal liability.

   28.   Powers of inspection, etc.

   29.   Regulations.

   30.   Auctioneers Act.

PART VI
DISSOLUTION OF THE CASHEWNUT AUTHORITY OF TANZANIA AND CONSEQUENTIAL PROVISIONS

   31.   Construction.

   32.   Transfer of assets and liabilities of Cashewnut Authority.

   33.   Effect of dissolution of Cashewnut Authority

   34.   Licences.

   35.   Savings.

   36.   Transitional provisions.

   37.   Penalty for offences.

SCHEDULE

CHAPTER 203
THE CASHEWNUT BOARD OF TANZANIA ACT

An Act to establish the Cashewnut Board of Tanzania to regulate marketing of cashewnuts and for matters connected generally with cashewnut.

[1st June, 1985]
[G.N. No. 280 of 1985]

Acts Nos.
21 of 1984
8 of 1985
5 of 1990
11 of 1993
17 of 1996
6 of 2006

PART I
PRELIMINARY PROVISIONS (ss 1-2)

1.   Short title

   This Act may be cited as the Cashewnut Board of Tanzania Act.

2.   Interpretation

   (1) In this Act, unless the context requires otherwise–

   "Board" means the Cashewnut Board of Tanzania established by section 3(1);

   "Board of Directors" means the Board of Directors established under section 3(2);

   "cashewnuts" includes raw cashewnuts after harvesting or processed cashewnuts;

   "Director" means the officer-in-charge of the department in the Ministry of Agriculture responsible for extension and technical services;

   "export" means export outside the United Republic of Tanzania;

   "inspector" means any employee of the Board appointed by the Board of Directors to be an inspector for the purposes of this Act;

   "kernels" means kernels produced from cashewnuts;

   "levy" means levy imposed under the provisions of this Act;

   "member" in relation to the Board of Directors means a member of the Board of Directors and includes the Chairman of the Board of Directors;

   "Minister" means the Minister for the time being responsible for crops marketing;

   "processing" with its grammatical variations and cognate expressions, means any act or thing done to cashewnuts for the purpose of extracting kernels therefrom;

   "subsidiary company" means any company incorporated under the Companies Act not less than fifty per centum of the issued share capital which is owned the Board.

   (2) "Buy" and "sell" include an offer to buy or as the case may be an offer to sell and also any transaction whereby the property or the article in question may pass to the buyer in future.

   (3) The Director may, subject to such limitations and restrictions as he may determine, by notice in the Gazette, delegate all or any of his functions under this Act to any public officer or other authority.

   (4) Where any order or direction made or given by the Minister, the Director or the Board of Directors under any provisions of this Act is not expressly required by that provision to be published in the Gazette, such order or direction shall be brought to the notice of persons affected or likely to be affected thereby in such manner as the Minister, the Director or as the case may be, the Board may determine:

   Provided that if any such order or direction is published in the Gazette, all persons shall be deemed to have notice thereof.

   (5) In this Act every reference to an offence against this Act shall, unless the context otherwise requires, be read and construed as to include a reference to an offence under any subsidiary legislation made and in force under this Act.

   (6) For the purposes of the carrying out of its functions under this Act the Board shall be deemed to be the holder of each and every licence, permit and other authority which may be provided for by or under this Act in relation to any matter connected with the cashewnut industry.

PART II
THE CASHEWNUT BOARD OF TANZANIA (ss 3-8)

3.   Establishment of Cashewnut Board of Tanzania

   (1) There is hereby established a body corporate which shall–

   (a)   be known as the Cashewnut Board of Tanzania and shall have perpetual succession and common seal;

   (b)   in its corporate name, be capable in law of suing and being sued;

   (c)   be capable of holding, purchasing or otherwise acquiring and disposing of any property whatsoever, whether movable or immovable, for the purposes of carrying out the functions conferred upon it by or under this Act or any other written law.

   (2) The power to carry out the functions of the Board and to manage the business and affairs of the Board shall vest in the Board of Directors.

   (3) The provisions of the Schedule to this Act shall have effect as to the constitution and proceedings of the Board and otherwise in relation to the Board.

   (4) The Minister may, by order published in the Gazette, amend, vary or replace all or any of the provisions of the Schedule to this Act.

4.   Functions of Board Acts Nos. 5 of 1990; 11 of 1993 s. 36; 17 of 1996 Sch.">

   (1) The functions of the Board shall be–

   (a)   to regulate and promote the quality, marketing and export of raw and processed cashewnuts;

   (b)   to advise the Government on all matters affecting cashewnut production and marketing;

   (c)   to carry out such other functions in relation to the cashewnuts industry as the Minister may from time to time direct.

   (2) In particular and without prejudice to the generality of the provisions of subsection (1) and subject to any specific or general directions of the Minister, the Board shall have the power–

   (a)   to license buyers and exporters of raw and processed cashewnuts and operators of cashewnuts, processing factories and to determine the qualifications and conditions for the granting of such licences;

   (b)   to issue export permits for raw and processed cashewnuts and to determine the conditions for granting of such permits;

   (c)   to establish quality standards for cashewnuts and to ensure the compliance of persons licensed under this subsection with such standards;

   (d)   to present the cashewnut producers and the Government in appropriate international fora.

5.   Board may perform commercial function Act No. 17 of 1996 Sch.">

   Subject to the prior approval in writing by the Minister, the Board may perform any commercial function for a specified period as the Minister may consider expedient.

[s. 4A]

6.   Minister may give directions and make disciplinary regulations

   (1) The Minister may give the Board directions of a general or specific character as to the exercise or performance by the Board of any of its functions under this Act, and the Board shall give effect to every such direction.

   (2) If the Board of Directors fails to perform any of its functions without a reasonable cause or to give effect to any of the Minister's directions, the Minister may exercise disciplinary powers he may deem fit, against the Board.

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