CHAPTER 275
TEA ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   Interpretation.

PART II
THE TEA BOARDS OF TANZANIA AND THE TANZANIA SMALL-HOLDER TEA DEVELOPMENT AGENCY

   3.   Establishment of a Tea Board and Development Agency.

   4.   Assets.

   5.   Powers and functions of Board.

   6.   Investments.

   7.   Tea research.

   8.   Directions.

   9.   Appointment of General Manager and other employees.

   10.   Funds.

   11.   Report.

   12.   Accounts and audit.

   13.   Liability of members, etc.

PART III
PLANTING OF TEA

   14.   Registration of tea growers.

PART IV
MANUFACTURE OF TEA

   15.   Regulation of purchase of tea leaves

   16.   No manufacture of tea without licence.

   17.   Illegal manufacture, possession, etc.

PART V
ENTRY AND INSPECTION

   18.   Entry and inspection.

   19.   Powers of search and seizure.

PART VI
EXPORT AND IMPORT OF TEA

   20.   Power to prohibit export of manufactured tea without permit.

   21.   Penalty for exporting manufactured tea without permit.

   22.   Restriction on export of tea, seed, etc.

   23.   Power of Board to refuse export permit.

   24.   Penalty of wrongful export.

PART VII
CESSES

   25.   Imposition of cesses.

   26.   Payment of cess.

   27.   Establishment of Tea Trust Fund.

PART VIII
GENERAL PROVISIONS

   28.   Returns.

   29.   General penalty.

   30.   Offence committed by bodies corporate.

   31.   Rules.

   32.   Appeals.

   33.   [Repeal and savings.]

SCHEDULES

CHAPTER 275
THE TEA ACT

An Act to repeal the Tea Ordinance and enact the Tea Act to provide for the establishment of Tanzania Tea Board and the Tanzania Small-holder Tea Development Agency, and the promotion and regulation of the growing and export of tea, the imposition of cesses on tea and for matters incidental thereto.

[1st October, 1997]
[G.N. No. 688 of 1997]

Acts Nos.
3 of 1997
2 of 1998 Sch.
G.N. No. 34 of 2001

PART I
PRELIMINARY PROVISIONS (ss 1-2)

1.   Short title

   This Act may be cited as the Tea Act.

2.   Interpretation

   In this Act, unless the context otherwise requires–

   "Agency" means the Tanzania Small-holder Tea Development Agency established by section 3 of this Act;

   "Authority" means the Tanzania Tea Authority established by the Tanzania Tea Authority Act *;

   "blending" means blending and packing of made tea;

   "Board" means the Tea Board of Tanzania established by section 3 of this Act;

   "cess" means any cess imposed on tea in accordance with section 25 of this Act;

   "Commissioner" means the Commissioner of Agriculture;

   "financial year" in relation to the Board or the Agency includes the Board's or Agency's first accounting period, whether shorter or longer than a year, and if the Board or the Agency changes its accounting year, includes any accounting period, whether shorter or longer than a year, employed to give effect to the change;

   "green leaf tea" means leaf detached from tea plants but not dried or processed in any way;

   "made tea" means the leaf of the tea plant when manufactured;

   "manufacturing" means the conversion of tea leaf tea to made tea;

   "Minister" means the Minister responsible for Agriculture;

   "Register" means the register maintained under section 14 of this Act;

   "tea" means the tea plant known botanically as Camellia Thea Thea (Sinensis) and includes its seed;

   "tea industry" means the growing, manufacturing, packing and blending of tea;

   "Trust Fund" means Tea Industry Development Trust Fund established by section 27 of this Act.

PART II
THE TEA BOARD OF TANZANIA AND THE TANZANIA SMALL-HOLDER TEA DEVELOPMENT AGENCY (ss 3-13)

3.   Establishment of a Tea Board and Development Agency

   (1) There are hereby established bodies corporate namely the Tea Board of Tanzania and the Tanzania Small-holder Tea Development Agency which each respectively shall–

   (a)   be a body corporate with perpetual succession and a common seal;

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

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

   (2) The provisions of the First Schedule to this Act shall have effect as to the functions, powers, responsibilities, constitution and proceedings of the Board and similar provisions in respect of the Agency appears in the Second Schedule.

4.   Assets

   The assets and liabilities of the Authority shall by virtue of this Act and without further assurance vest in the Board or the Agency as the Minister in consultation with the Minister for the time being responsible for finance may determine.

5.   Powers and functions of the Board

   (1) It shall be the duty of the Board in the exercise of its powers and in the performance of its functions under this Act to act in such manner as appears to it best calculated to promote the tea industry in Tanzania.

   (2) In the exercise of its powers and in the performance of its functions under this Act, the Board shall act in accordance with any general or special directions that may be given to it by the Minister.

   (3) The functions of the Board shall include the carrying out of such activities and the doing of such things as are necessary, advantageous or proper for the benefit of tea growers and the tea industry, and in particular, but without prejudice to the generality of the foregoing, shall include–

   (a)   the licensing of tea factories;

   (b)   the licensing of tea blenders and packers;

   (c)   the regulation, control and improvement of the cultivation and processing of tea;

   (d)   the control of pests and disease;

   (e)   the licensing and control of export and import tea;

   (f)   to assist in the investigation of and research into all matters relating to the tea industry;

   (g)   the collection, keeping and maintaining of statistics relating to the tea industry;

   (h)   to represent the Government at international fora relating to or dealing with tea industry:

   Provided always the Board may subject to the prior approval in writing of the Minister, perform any commercial function as the Minister may consider necessary.

   (4) The licences or permits to be issued by the Board shall be–

   (a)   in the prescribed form;

   (b)   subject to such terms and conditions as may be prescribed or endorsed therein;

   (c)   issued subject to the payment of fees as may be prescribed by the Board.

   (5) The Board may authorise any of its members, or any officer employed by it, to exercise on its behalf, at any time when it is not meeting, such of its powers as it may from time to time resolve.

   (6) The exercise of powers under subsection (5) of this section shall unless and so far as the Board may otherwise require, be reported without unreasonable delay to a next meeting of the Board.

6.   Investments

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