CHAPTER 160
NATIONAL MILLING CORPORATION ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   Interpretation.

PART II
NATIONAL MILLING CORPORATION

   3.   Continuance of the Corporation.

   4.   Board of Directors.

   5.   Functions of the Corporation.

   6.   Minister may give directions to the Board.

PART III
PRODUCTION AND MARKETING OF AGRICULTURAL PRODUCTS

   7.   Corporation's powers in relation to specified agricultural products.

   8.   Regulation of production.

   9.   Pricing of produce.

   10.   Effect of compulsory marketing orders on existing contracts.

   11.   Import and export of specified agricultural products.

   12.   Powers of control relating to sales, dealings, transport, storage of products, etc., of specified agricultural processing.

   13.   Powers of authorised officers.

   14.   Obstruction of authorised officer.

   15.   General penalty.

   16.   Orders and directions of the Corporation.

PART IV
ADMINISTRATION AND FINANCIAL PROVISIONS

   17.   Director.

   18.   Appointment of employees.

   19.   Remuneration and allowances of members.

   20.   Gratuities, superannuation benefits, etc.

   21.   Agents and contractors.

   22.   Delegation of powers by the Board.

   23.   Authorised capital.

   24.   Payment for shares.

   25.   Financial resources.

   26.   Annual and supplementary budget.

   27.   Reserve and special funds.

   28.   Price Stabilisation Fund.

   29.   Investment.

   30.   Powers of borrowing.

   31.   Annual report.

PART V
MISCELLANEOUS PROVISIONS

   32.   Liability of members, etc.

   33.   Regulations.

PART VI
REPEALS AND SAVINGS

   34.   [Repeal of Act No. 11 of 1975.]

   35.   Conflict between orders, etc., of the Corporation and of any other Agricultural Board.

SCHEDULES

CHAPTER 160
THE NATIONAL MILLING CORPORATION ACT

An Act to provide for the continuance of the National Milling Corporation with certain modifications in the functions, management and control of the Corporation.

[1st June, 1985]
[G.N. No. 281 of 1985]

Acts Nos.
2 of 1984
2 of 1988
10 of 1991

PART I
PRELIMINARY PROVISIONS (ss 1-2)

1.   Short title

   This Act may be cited as the National Milling Corporation Act.

2.   Interpretation Act No. 11 of 1975">

   In this Act unless the context otherwise requires–

   "appointing authority" in relation to any member of the Board, shall have the meaning assigned to that expression by paragraph 1 of the First Schedule to this Act;

   "Board" means the Board of Directors of the National Milling Corporation;

   "Corporation" means the National Milling Corporation;

   "Member" in relation to the Board includes the Chairman of the Board;

   "Minister" means the Minister responsible for Agriculture;

   "repealed Act" means the National Milling Corporation Act;

   "sale" includes–

   (a)   barter; or

   (b)   agreement or contract to sell;

   "specified agricultural products" means any agricultural product specified in the second schedule to this Act.

PART II
NATIONAL MILLING CORPORATION (ss 3-6)

3.   Continuance of the Corporation

   (1) The National Milling Corporation established by the repealed Act shall continue in existence as a body corporate having perpetual succession and a common seal.

   (2) The Corporation shall, in its corporate name, be capable of–

   (a)   suing and being sued;

   (b)   purchasing or otherwise acquiring, holding, charging and disposing of property, movable or immovable; and

   (c)   entering into contracts and doing or performing all such other things or acts for the proper performance of its functions under this Act which may lawfully be done or performed by a body corporate.

4.   Board of Directors

   (1) There shall be a Board of Directors of the Corporation which shall, subject to the provisions of this Act, be responsible for the policy, control and management of the Corporation.

   (2) The provisions of the First Schedule to this Act shall have effect as to the composition of the Board, the appointment and termination of the appointment of its members, the proceedings of the Board and such other matters in relation to the Board and its members as are provided for therein.

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

5.   Functions of the Corporation

   (1) The functions of the Corporation shall be–

   (a)   to procure specified agricultural products from Co-operative Unions;

   (b)   to mill grains;

   (c)   to conduct and carry on, either on its own or in participation with any other person, the business of–

      (i)   manufacturers and processors of such agricultural and other products as the Board may, from time to time, decide;

      (ii)   importers, exporters, wholesale dealers and retailers of such merchandise as the Board may, from time to time, decide;

   (d)   to acquire by agreement and hold interest in any company or firm carrying on business concerned directly or indirectly with the specified agricultural products;

   (e)   to establish branches within the United Republic or elsewhere;

   (f)   to sell specified agricultural products to urban centres;

   (g)   to manage the affairs of and carry on the business of any firm the interests of which are vested in or acquired by the Corporation under the provisions of the repealed Act or which may be acquired by or become vested in the Corporation after the enactment of this Act, whether or not such business relates to the production, processing, manufacture or marketing of any specified agricultural product;

   (h)   to advance money on loan, give guarantees for the benefit of or provide management or other services to persons, companies or firms engaged in the production, processing, manufacture or marketing of any specified agricultural product;

   (i)   to do all acts as, in the opinion of the Board may be necessary, desirable or expedient to uphold and support the credit of the Corporation and to obtain and justify public confidence, and to avert or minimise any loss to the Corporation; and

   (j)   to do anything or enter into any transaction which in the opinion of the Board is calculated to facilitate the proper and efficient carrying on of the Corporation's activities and the proper exercise of its functions under the provisions of this Act.

   (2) In doing any act or thing in the performance of the functions of the Corporation the Board shall have regard to the need to ensure adequate and proper nutritional value in the specified agricultural products processed, manufactured or marketed by the Corporation.

6.   Minister may give directions to the Board

   The Minister may give to the Board directions of a general or specific character as to the performance by the Board or by the Corporation of its functions under this Act in relation to any matter appearing to the Minister to affect the national interest, and the Board shall give effect to every direction.

PART III
PRODUCTION AND MARKETING OF AGRICULTURAL PRODUCTS (ss 7-16)

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