Tanzania
Tanzania Cotton Lint and Seed Board Act
Chapter 201
- Published in Tanzania Government Gazette
- Commenced on 1 June 1985
- [This is the version of this document at 31 July 2002.]
- [Note: This legislation has been thoroughly revised and consolidated under the supervision of the Attorney General's Office, in compliance with the Laws Revision Act No. 7 of 1994, the Revised Laws and Annual Revision Act (Chapter 356 (R.L.)), and the Interpretation of Laws and General Clauses Act No. 30 of 1972. This version is up-to-date as at 31st July 2002.]
Part I – Preliminary provisions (ss. 1-2)
1. Short title
This Act may be cited as the Tanzania Cotton Lint and Seed Board Act.2. Interpretation
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 1;"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.Part II – Establishment and functions of the Board (ss. 3-8)
3. Establishment of the Board
4. Board to be a body corporate
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.5. Functions of the Board
6. Board may perform commercial function
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. 5A]7. Orders and directions of Board
Contravention of any order or direction lawfully given or issued by the Board shall be an offence against this Act.[s. 6]8. Minister may give direction to the Board
The Minister may give to the Board directions of a general or specific character as to the manner in which the Board shall exercise or perform any of its duties or functions and the Board shall be bound to comply with such directions.Part III – Purchase, sale and export of cotton lint and cotton seed (ss. 9-14)
9. Purchase and sale of cotton lint and cotton seed
Subject to the provisions of the Act, any person may purchase cotton lint for the purposes of export or re-sale within the United Republic.[s. 8]10. Appointment of cotton inspectors
The Board shall have power to appoint fit and proper persons to be inspectors who shall have and exercise powers generally to supervise the purchase, ginning and export of cotton lint and cotton seed and who, without prejudice to the generality of the foregoing power, shall have and exercise such other powers, including the inspection of seed cotton, cotton ginneries and cotton stores, the taking of cotton samples, and the certifying of weights and qualities of seed cotton lint and cotton seed, as are provided for in this Act or as may be prescribed.[s. 9]11. Methods of sale of cotton lint and cotton seed
12. ***
[Repealed by Act No. 11 of 1993 s. 9.][s. 11]13. Restriction on purchase and export of cotton lint and cotton seed
No person shall in any manner purchase and whatsoever—14. Contravention of any provisions of this Part
Any person who contravenes any of the provisions of section 11 or of subsection (1) of section 13, or contravenes any of the terms and conditions of a licence granted under section 11 commits an offence.Part IV – Administration of the Board (ss. 15-20)
15. Appointment of employees
16. Transfer of employees
17. Remuneration and allowances of Directors and members
The members of the Board of Directors shall be entitled to receive such remuneration, allowances and other benefits as the Minister may direct.[s. 16]18. Superannuation benefits
The Board of Directors may—19. Agents and contractors
The Board of Directors may, from time to time, appoint and employ upon such terms and conditions as it may think fit such agents and contractors of the Board as it may deem necessary.[s. 17]20. Power of the Board to delegate
Part V – Financial provisions relating to the Board (ss. 21-31)
21. Board to have share capital
22. Treasury Registrar to hold shares on behalf of the Government
The shares vested in the Treasury Registrar by virtue of the provisions of this Act shall be held by the Treasury Registrar on behalf of the Government of the United Republic in accordance with the provisions of the Treasury Registrar (Powers and Functions) Act 3.[s. 21]23. Shares issued to Treasury Registrar to be deemed fully paid up
The shares vested in the Treasury Registrar shall by the operation of this Act, be deemed to be fully paid up shares.[s. 22]24. Share certificate
The Board shall as soon as may be practicable after the vesting date and without any undue delay issue to the Treasury Registrar share certificates for the shares required by this Act to be vested in the Treasury Registrar.[s. 23]25. Reserve and special fund
The Board of Directors may, and shall, if so directed by the Minister, establish and maintain such reserve or special funds of the Board as the Board or the Minister may consider necessary or expedient, and shall make into or from any such fund such payments as the Board may deem fit or in the case of a fund established pursuant to a direction by the Minister, as the Minister may direct.[s. 24]26. ***
[Repealed by Act No. 11 of 1993 s. 11.][s. 25]27. Investment
With the prior approval of the Minister and of the Minister for the time being responsible for finance, the Board of Directors may, from time to time, invest any part of the moneys available in any fund of the Board maintained by it in such manner as the Board may deem fit.[s. 26]28. Power to borrow
29. Annual and supplementary budget
30. Accounts and audit
31. Annual report
Part VI – Miscellaneous provisions (ss. 32-40)
32. Liability of members, etc.
Without prejudice to the provisions of section 284A of the Penal Code 5, Public Officers (Recovery of Debts) Act 6, no act or thing done, or omitted to be done by any member of the Board of Directors or by any officer, staff or agent of the Board shall, if done or omitted bona fide in the execution or purported execution of his duties as such member, officer, staff or agent, subject to any such person to any action, liability or demand whatsoever.[s. 30]33. Power of entry and inspection, etc.
34. Adulteration of cotton
35. Carrying on trade upon premises used for storage of cotton
36. General power of revocation of licence or permit
Without prejudice to any specific provisions in this Act, if the holder of any licence or permit issued under the provisions of this Act is convicted of an offence against this Act or of any offence involving moral turpitude, the authority empowered to grant such licence or permit may revoke the licence or permit, as the case may be.[s. 34]37. Appeal
Any person aggrieved by any decision of the Board, the Director, a licensing authority or other public officer made or purported to have been made in the exercise or purported exercise of any power conferred by this Act, may within thirty days of the decision being taken or given, appeal there against to the Minister whose decision on every such appeal shall be final and conclusive and shall not be subject to review by any court:Provided that the Minister may, in his discretion, receive any appeal notwithstanding the fact that it has not been made within the said period of thirty days.[s. 35]38. Penalty for offences
Any person committing an offence under this Act shall be liable on conviction to a fine not exceeding one hundred thousand shillings or imprisonment for a term not exceeding five years or to both such fine and imprisonment, and in addition to any such penalty the court may, where the offence committed relates to any quantity of raw cotton, cotton lint or cotton seed, or any product thereof, order the same to be forfeited to the Board.[s. 36]39. Regulations by Minister
40. By-laws made by Board
Part VII – Repeal and consequential provisions (ss. 41-46)
41. Construction
In this Part unless the context otherwise requires—"effective date" means the date on which this Act comes into operation;"Authority" means the Tanzania Cotton Authority established by the Cotton Industry Act, 1973 7;"repealed enactment" means the Act repealed by section 42.[s. 39]42. Repeal of Act No. 3 of 1973
[Repeals the Cotton Industry Act.][s. 40]43. Transfer of assets and liabilities
With effect from the effective date, the assets and liabilities of the and Authority shall vest in such person or body of persons as the Minister shall, after consultation with the Minister responsible for finance, prescribe.[s. 41]44. Construction of certain instruments
45. Special provisions relating to funds
All funds of the Authority established by the Cotton Industry Act, 1973 shall be wound up and shall be paid into and form part of the general revenue of the Board or, where the Minister so directs, any corresponding fund established by the Board.[s. 43]46. Savings and transitional provisions
Notwithstanding the repeal of the repealed enactment—History of this document
31 July 2002 this version
Consolidation
01 June 1985
Commenced
Cited documents 3
Legislation 3
1. | Tanzania Audit Corporation Act | 31 citations |
2. | Severance Allowance Act | 14 citations |
3. | Treasury Registrar (Powers and Functions) Act | 4 citations |