ARRANGEMENT OF SECTIONS
1. Short title.
ESTABLISHMENT AND FUNCTIONS OF THE BOARD
3. Establishment of the Board.
4. Board to be a body corporate.
5. Functions of the Board.
6. Board may perform commercial function.
7. Orders and directions of Board.
8. Minister may give direction to the Board.
PURCHASE, SALE AND EXPORT OF COTTON LINT AND COTTON SEED
9. Purchase and sale of cotton lint and cotton seed.
10. Appointment of cotton inspectors.
11. Methods of sale of cotton lint and cotton seed.
13. Restriction on purchase and export of cotton lint and cotton seed.
14. Contravention of any provisions of this Part.
ADMINISTRATION OF THE BOARD
15. Appointment of employees.
16. Transfer of employees.
17. Remuneration and allowances of Directors and members.
18. Superannuation benefits.
19. Agents and contractors.
20. Power of the Board to delegate.
FINANCIAL PROVISIONS RELATING TO THE BOARD
21. Board to have share capital.
22. Treasury Registrar to hold the shares on behalf of the Government.
23. Shares issued to Treasury Registrar to be deemed fully paid up.
24. Share certificate.
25. Reserve and special fund.
28. Power to borrow.
29. Annual and supplementary budget.
30. Accounts and audit.
31. Annual report.
32. Liability of members, etc.
33. Power of entry and inspection, etc.
34. Adulteration of cotton.
35. Carrying on trade upon premises used for storage of cotton.
36. General powers of revocation of licence or permit.
38. Penalty for offences.
39. Regulations by Minister.
40. By-laws made by Board.
REPEAL AND CONSEQUENTIAL PROVISIONS
42. [Repeal of Act No. 3 of 1973.]
43. Transfer of assets and liabilities.
44. Construction of certain instruments.
45. Special provisions relating to funds.
46. Savings and transitional provisions.
THE TANZANIA COTTON LINT AND SEED BOARD ACT
An Act to establish the Tanzania Cotton Lint and Seed Board, to provide for the functions of the Board and for other related matters.
[1st June, 1985]
[G.N. No. 282 of 1985]
19 of 1984
8 of 1985
5 of 1990
11 of 1993
17 of 1996
PRELIMINARY PROVISIONS (ss 1-2)
This Act may be cited as the Tanzania Cotton Lint and Seed Board Act.
In this Act, unless the context otherwise requires–
"appointing authority" means in relation to the Chairman, the President, and in relation to any other member, the Minister;
"Board" means the Tanzania Cotton Board established under subsection (1) of section 3;
"Board of Directors" means the Board of Directors established under subsection (2) of section 3;
"cotton inspector" means the cotton inspector appointed by the Board under section 9;
"cotton lint" means ginned cotton;
"cotton price stabilisation fund" means the Fund established under section 26;
"cotton seed" means cotton seed produced from raw cotton;
"Director" means the Director of Technical and Extension Services in the Ministry responsible for agriculture;
"export" means export outside Tanzania;
"ginnery" means any place in which raw cotton is converted into cotton lint;
"grade A cotton" means mature raw cotton which is white and free from stain, extraneous matter or damage from any cause;
"grade C cotton" means any raw cotton of a merchantable quality inferior to Grade A cotton;
"grower" means any person who grows cotton plants;
"licensed ginner" means the holder of a ginning licence;
"licensing authority" means any public officer or authority appointed by the Minister to be a licensing authority for the purposes of this Act;
"member" in relation to the Board of Directors means a member of the Board of Directors and includes the Chairman of that Board;
"Minister" means the Minister responsible for crop marketing;
"prescribed" means prescribed by regulations made under section 38;
"raw cotton" means any cotton after picking and before it has been ginned;
"society" means a co-operative society registered under the Co-operative Societies Act *;
"subsidiary company" means any body corporate established by or under any written law (hereinafter referred to as "the first subsidiary") not less than fifty per centum of the share capital of which is owned by the Board, and includes–
(a) a body corporate (hereinafter referred to as "the second subsidiary") not less than fifty per centum of the issued share capital of which is owned by the subsidiary;
(b) a body corporate (hereinafter referred to as "the subsequent subsidiary") not less than fifty per centum of the issued share capital of which is owned by the second or another subsequent subsidiary.
(2) "Buy" and "sell" includes an offer to buy or, as the case may be, an offer to sell and also any transaction whereby the property in the article in relation to which the expression is used may pass to the buyer in future.
(3) The Director may, subject to such limitations and restrictions as he may determine, by order published in the Gazette, delegate all or any of his functions under this Act to any public officer or other authority.
(4) Every appointment of a licensing authority shall be made by a notice published in the Gazette and the licensing authority shall have jurisdiction over such area as may be specified in the notice.
(5) Where any order or direction made or given by the Director or the Board under any provision 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 Director or, as the case may be, the Authority may determine:
Provided that if any such order or direction is published in the Gazette, all persons shall be deemed to have notice thereof.
(6) The expression "offence against this Act" shall, unless the context otherwise requires, include an offence under any subsidiary legislation made under this Act.
ESTABLISHMENT AND FUNCTIONS OF THE BOARD (ss 3-8)
(1) There is hereby established a Board which shall be known as the Tanzania Cotton Lint and Seed Board.
(2) The Management and functions of the Board shall vest in the Board Directors.
(3) The provisions of the Schedule to this Act shall have effect as to the constitution and proceedings of, and otherwise in relation to, the Board of Directors.
(4) Except as to the appointment of the Chairman, the Minister may, by order published in the Gazette, amend, add to, vary or replace the Schedule to this Act.
The Board shall be a body corporate with perpetual succession and a common seal and shall be capable in law of suing and being sued in its corporate name, of purchasing, holding, alienating, managing and disposing of any property whatsoever, whether movable or immovable, and whether by way of investment or otherwise, and of entering into any such contract as may be necessary or expedient for the performance of its functions under this Act or any other written law.
(1) The functions of the Board shall be–
(a) to regulate and control the quality and marketing of cotton lint and seed cotton at Schedule processing and marketing level;
(b) to advise the Government on all matters pertaining to cotton production and marketing;
(c) to collect, refine, and disseminate information concerning cotton and promote its use, development and improvement of cotton industry;
(d) to carry out such other functions in relation to the cotton industry as the Minister may from time to time direct.
(2) Without prejudice to the generality of subsection (1) and subject to any special or general direction of the Minister, the Board shall have the power–
(a) to permit buyers and exporters of cotton lint, seed cotton, operators of ginneries and to determine the qualifications and conditions for the granting of such licences;
(b) to issue export permits for cotton lint and to determine the conditions for the granting of such permits;
(c) to establish quality standards for seed cotton and cotton lint and to ensure the compliance of such standards by persons licensed herein under;
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