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CHAPTER 262
DAIRY INDUSTRY ACT

[SUBSIDIARY LEGISLATION]

INDEX TO SUBSIDIARY LEGISLATION

    ORDERS

        The Dairy Industry (Mara Dairy Board) (Dissolution) Order

        The National Dairy Board (Control of Marketing) (Arusha and Moshi Districts) Order

        The National Dairy Board (Control of Marketing) (Mara Region) Order

        The Dairy Industry (Arusha and Kilimanjaro Dairy Board) (Dissolution) Order

        The Dairy Industry (Dar es Salaam Dairy Board) (Dissolution) Order

        The National Dairy Board (Registration of Distributors and Importers and Imposition of Levy) Order

        The National Dairy Board (Control of Marketing) (Mara Region, Arusha and Kilimanjaro Districts) Order

        The National Dairy Board (Control of Marketing) (Coastal Zone) Order

    OMITTED ORDERS

ORDERS

THE DAIRY INDUSTRY (MARA DAIRY BOARD) (DISSOLUTION) ORDER

(Section 17)

[31st July, 1968]

G.N. No. 309 of 1968

    1. This Order may be cited as the Dairy Industry (Mara Dairy Board) (Dissolution) Order.

    2. [Dissolves the Mara Dairy Board established by the Dairy Industry (Establishment of Mara Dairy Board) Order, 1963 *.]

THE NATIONAL DAIRY BOARD (CONTROL OF MARKETING) (ARUSHA AND MOSHI DISTRICTS) ORDER

(Section 10(1)(c))

[1st August, 1968]

G.N. No. 310 of 1968

    1. This Order may be cited as the National Dairy Board (Control of Marketing) (Arusha and Moshi Districts) Order.

    2. No person shall sell or dispose of any milk or cream within the area of the Arusha and Moshi Districts except to Northern Dairies Limited.

    3. [Revokes the Arusha and Kilimanjaro Dairy Board (Compulsory Marketing) Order, 1964 *.]

THE NATIONAL DAIRY BOARD (CONTROL OF MARKETING) (MARA REGION) ORDER

(Section 10(1)(c))

[1st August, 1968]

G.N. No. 311 of 1968

    1. This Order may be cited as the National Dairy Board (Control of Marketing) (Mara Region) Order.

    2. No person shall sell or dispose of any milk, cream or ghee within the area of the Mara Region except to the Wafugaji wa Mara Cooperative Union Limited.

    3. [Revokes the Mara Dairy Board (Compulsory Marketing) Order, 1965 *.]

{mprestriction ids="1,2,3"}

THE DAIRY INDUSTRY (ARUSHA AND KILIMANJARO DAIRY BOARD) (DISSOLUTION) ORDER

(Section 17)

[31st July, 1968]

G.N. No. 312 of 1968

    1. This Order may be cited as the Dairy Industry (Arusha and Kilimanjaro Dairy Board) (Dissolution) Order.

    2. [Dissolves the Arusha and Kilimanjaro Dairy Board established by the Dairy Industry (Establishment of Arusha and Kilimanjaro Dairy Board) Order, 1962 *.]

THE DAIRY INDUSTRY (DAR ES SALAAM DAIRY BOARD) (DISSOLUTION) ORDER

(Section 17)

[31st July, 1968]

G.N. No. 313 of 1968

    1. This Order may be cited as the Dairy Industry (Dar es Salaam Dairy Board) (Dissolution) Order.

    2. [Dissolves the Dar es Salaam Dairy Board established by the Dairy Industry (Establishment of Dar es Salaam Dairy Board) Order, 1963 *.]

THE NATIONAL DAIRY BOARD (REGISTRATION OF DISTRIBUTORS AND IMPORTERS AND IMPOSITION OF LEVY) ORDER

(Section 10)

[1st January, 1969]

G.N. No. 423 of 1968

    1. This Order may be cited as the National Dairy Board (Registration of Distributors and Importers and Imposition of Levy) Order.

    2. In this Order, unless the context otherwise requires–

    "distributor" means a person carrying of the business of distributing, by way of sale, barter or otherwise, of milk or milk products in Tanganyika;

    "importer" means a person carrying on the business of importing milk or milk products into Tanganyika from anywhere outside the United Republic;

    "registered distributor or importer" means a distributor or importer who has been registered in accordance with the provisions of this Board.

    3. (1) Every distributor and importer to whom this paragraph applies shall, within a period of sixty days from the coming into operation of this Order, register himself with the Board.

    (2) Any distributor or importer to whom this paragraph applies and who fails to register himself with the Board under the provisions of subparagraph (1) shall be guilty of an offence.

    (3) This paragraph applies to every distributor and importer whose business relating to the distribution or importation of milk or milk products had, in the year 1968, a gross annual turnover of one hundred and twenty thousand shillings or more.

    4. (1) Every distributor and importer whose business relating to the distribution or importation of milk or milk products attains in any year, subsequent to 1968, a gross annual turnover of one hundred and twenty thousand shillings or more shall, within thirty days after the end of the year in which his business attains such a turnover register himself with the Board.

    (2) Any distributor or importer to whom subparagraph (1) applies, who fails to register himself as required by the said subparagraph, shall be guilty of an offence.

    5. Where any distributor or importer is registered pursuant to paragraph 3 or 4 of this Order the Board shall issue to him a certificate of registration in such form as the Board may approve.

    6. (1) The Board may, by notice in writing, require any distributor or importer to furnish to the Board within such period as may be specified in the notice, not being a period of less than thirty days from the date of the receipt of the notice by the distributor or importer, returns showing the gross turnover of this business relating to the distribution or importation of milk or milk products during such period as may be specified in the notice.

    (2) Any distributor or importer to whom a notice has been served under subparagraph (1) and who fails to comply with the terms of the notice or who knowingly furnishes to the Board a return containing any false statement or entry, shall be guilty of an offence.

    7. (1) Every registered distributor and importer shall, on the first day of January, the first day of April, the first day of July and the first day of October in that year, whichever may first occur following his registration, submit a return showing the wholesale value of the milk or milk products distributed or imported by him during the period commencing 1st January of the year immediately preceding the year of his registration and expiring on the last day of the month immediately preceding the month in which he is required to lodge such return.

    (2) Any registered distributor or importer who fails to lodge a return as required by this paragraph within fifteen days of the date when the return is required to be so lodged, or who knowingly lodges a return which contains any false statement or entry shall be guilty of an offence.

    8. Every return required to be lodged under paragraph 6 or 7 shall be in such form as the Board may approve and shall, in the case of a return lodged by a distributor, specify the quantity of the milk or milk products purchased or otherwise acquired by the distributor from any registered distributor or importer.

    9. (1) There shall be charged, levied and collected a levy of three cents for every ten shillings of the wholesale value of the milk or milk products distributed or imported by every registered distributor or importer during the year immediately preceding the year in which he registers himself pursuant to this Order and during every subsequent year.

    (2) The levy charged under subparagraph (1) shall be payable by the registered distributor or importer, as the case may be, to the Board on the 1st January in the year immediately succeeding the year in respect of which such levy is payable:

    Provided that the levy for the year immediately preceding the year in which a distributor or importer first registers himself shall be payable within thirty days of the date on which he so registers himself.

    (3) Notwithstanding the provisions of subparagraph (1), no levy shall be payable by a registered distributor in respect of the wholesale value of the quantity of milk or milk products which such distributor has acquired by way of purchase, barter or otherwise from another registered distributor or from a registered importer, and in respect of which the Board is satisfied that levy in accordance with subparagraph (1) has been paid.

    (4) Any registered distributor or importer other than a registered distributor or importer who has been exempted from payment of levy under paragraph 10, who fails to pay the levy within sixty days after the same shall be become due, shall be guilty of an offence.

    10. Notwithstanding the provisions of paragraph 9 where the Board is satisfied in respect of any registered distributor or importer that his business relating to the distribution or importation of milk or milk products during any year had a gross turnover of less than one hundred and twenty thousand shillings, the Board shall exempt such distributor or importer from payment of the levy in respect of that year.

    11. Any person who is guilty of an offence under this Order shall be liable on conviction to a fine not exceeding five thousand shillings or to a term of imprisonment not exceeding three months or to both such fine and imprisonment.

THE NATIONAL DAIRY BOARD (CONTROL OF MARKETING) (MARA REGION, ARUSHA AND KILIMANJARO DISTRICTS) ORDER

(Section 10(1)(e))

[28th November, 1969]

G.N. No. 295 of 1969

1.    Citation

    This Order may be cited as the National Dairy Board (Control of Marketing) (Mara Region, Arusha and Kilimanjaro Districts) Order.

2.    Interpretation

    In this Order, unless the context requires otherwise–

    "producer" means any person who owns or keeps heads of cattle for the purpose of selling or trading in milk or milk products, and whose monthly production of milk exceeds four hundred twenty-six litres.

3.    Sale or bartering of milk products prohibited

    (1) Save for producers exempted under paragraph 4 of this Order, no producer shall sell or barter any milk or milk products–

    (a)    within the area of the Mara Region, except to the "Wafugaji wa Mara Co-operative Union Limited"; and

    (b)    within the area of the Districts of Arusha and Kilimanjaro, except to the "Northern Dairies Limited".

    (2) Any person who contravenes the provisions of subparagraph (1) commits an offence and upon conviction is liable to a fine not exceeding five thousand shillings or to a term of imprisonment not exceeding three months, or to both the fine and imprisonment.

4.    Exemption

    (1) The National Dairy Board or any officer appointed by it in that behalf may exempt any person or class of persons from the provisions of paragraph 3 of this Order.

    (2) Every case in which exemption is granted by such officer as aforesaid shall be reported by him to the local committee of the Board without undue delay, and if the local committee is not satisfied that there was sufficient justification for granting exemption it may refer the matter to the Board which may then either confirm or withdraw the exemption.

    (3) Any person aggrieved by a decision of an officer as aforesaid may appeal to the Board, and any person or the local committee aggrieved by a decision of the Board may appeal to the Minister who may make any order on it which he thinks fit.

    (4) Every such appeal shall be made in writing within thirty days of the communication of the decision appealed from to the person or local committee aggrieved:

    Provided that the Minister or the Board, as the case may be, may for any good or sufficient reason extend the time for submitting the appeal.

5.    Revocation

    [Revokes the National Dairy Board (Control of Marketing) (Arusha and Moshi Districts) Order, and the National Dairy Board (Control of Marketing) (Mara Region) Order.]

THE NATIONAL DAIRY BOARD (CONTROL OF MARKETING) (COASTAL ZONE) ORDER

[15th December, 1969]

G.N. No. 296 of 1969

1.    Citation

    This Order may be cited as the National Dairy Board (Control of Marketing) (Coastal Zone) Order.

2.    Interpretation

    In this Order, unless the context requires otherwise–

    "producer" means any person who owns or keeps heads of cattle for the purpose of selling or trading in milk or milk products.

3.    No selling or bartering of milk or milk products

    (1) Save for producers exempted under paragraph 4 of this Order, no producer shall sell or barter any milk or milk products within Dar es Salaam Region, Kisarawe District, and Bagamoyo district, except to the "Coastal Dairy Industries Limited".

    (2) Any person who contravenes the provisions of subparagraph (1) commits an offence and upon conviction is liable to a fine not exceeding five thousand shillings or to a term of imprisonment not exceeding three months, or to both such fine and imprisonment.

4.    Exemption

    (1) The National Dairy Board or any officer appointed by it in that behalf may exempt any person or class of persons from the provisions of paragraph 3 of this Order.

    (2) Every case in which exemption is granted by the officer as aforesaid shall be reported by him to the local committee of the Board without undue delay, and if the local committee is not satisfied that there was sufficient justification for granting exemption it may refer the matter to the Board which may then either confirm or withdraw the exemption.

    (3) Any person aggrieved by a decision of the officer as aforesaid may appeal to the Minister who may make an order thereon which he thinks fit.

    (4) Every such appeal shall be made in writing within thirty days of the communication of the decision appealed from to the person or local committee aggrieved:

    Provided that the Minister or the Board, as the case may be, may for any good or sufficient reason extend the time for submitting the appeal.

OMITTED ORDERS

G.N. No. 312 of 1968

The Dairy Industry (Arusha and Kilimanjaro Dairy Board) (Dissolution) Order, with effect from the 31st July, 1968.

R.L. Cap. 456 Supp. 62 p. 1

The Arusha and Kilimanjaro Dairy Board established by the Dairy Industry (Establishment of Arusha and Kilimanjaro Dairy Board) Order.

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