Tanzania
National Milling Corporation Act
Chapter 160
- Published in Tanzania Government Gazette
- Assented to on 14 January 1985
- Commenced on 1 June 1985
- [This is the version of this document at 31 July 2002.]
- [Note: This legislation was revised and consolidated as at 31 July 2002 and 30 November 2019 by 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. All subsequent amendments have been researched and applied by Laws.Africa for TANZLII.]
Part I – Preliminary provisions (ss. 1-2)
1. Short title
This Act may be cited as the National Milling Corporation Act.2. Interpretation
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in relation to the Board includes the Chairman of the Board;"Minister" means the Minister responsible for Agriculture;"repealed Act" means the National Milling Corporation Act;"sale" includes—(a)barter; or(b)agreement or contract to sell;"specified agricultural products" means any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
4. Board of Directors
5. Functions of 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)
7. Corporation's powers in relation to specified agricultural products
8. Regulation of production
9. Pricing of produce
The Minister may give the Board directions in writing as to the—10. Effect of compulsory marketing orders on existing contracts
No contract shall, unless any term thereof otherwise provides be void or unenforceable by reason only that the performance of such contract or of any term of such contract would be in contravention of any order made under subsection (1) of section 9 of the repealed Act or of any directions given under subsection (2) of that section, and any party to such contract who sells or otherwise disposes of any specified agricultural product in accordance with terms of such contract shall be deemed to have been exempted from such order and directions in so far as it is necessary to enable him to fulfil the terms of such contract:Provided that—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
Any person who resists, hinders or obstructs an authorised officer acting pursuant to subsection (1) of section 13 or wilfully fails to comply with any requirements made of him under the said subsection shall be guilty of an offence.15. General penalty
16. Orders and directions of the Corporation
Save where any order or direction made or given by the Corporation is required to be published in the Gazette, such order or direction shall be valid notwithstanding that it has not been published in the Gazette if the Corporation has taken reasonable measures to bring the contents thereon to the notice of persons likely to be affected thereby.Part IV – Administration and financial provisions (ss. 17-31)
17. Director
On the recommendation of the Board of Directors and advice of the Minister, the President shall appoint a Director of the Corporation who shall be the principal executive officer of the Corporation.18. Appointment of employees
19. Remuneration and allowances of members
The members of the Board shall be entitled to receive such remuneration, allowances and other benefits as the Minister may direct.20. Gratuities, superannuation benefits, etc.
21. Agents and contractors
The Board may, from time to time, appoint and employ upon such terms and conditions as it thinks fit such agents and contractors of the Corporation as the Board may deem necessary.22. Delegation of powers by the Board
23. Authorised capital
24. Payment for shares
25. Financial resources
The funds and resources of the Corporation shall consist of—26. Annual and supplementary budget
27. Reserve and special funds
The Board may, and shall, if so directed by the Minister, establish and maintain such reserve of funds of the Corporation as the Board or the Minister may consider necessary or expedient, and shall make into or from any such funds 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.28. Price Stabilisation Fund
29. Investment
With the prior approval of the Minister, after consultation with the Minister responsible for finance, the Board may, from time to time, invest any part of the moneys available in any Fund of the Corporation maintained by it in such manner as, subject to any directions of the Board may deem fit.30. Powers of borrowing
31. Annual report
Part V – Miscellaneous provisions (ss. 32-33)
32. Liability of members, etc.
Without prejudice to the provisions of section 284A of the Penal Code 2 or of the Public Officers (Recovery of Debts) Act 3, no act or thing done, or omitted to be done, by any member of the Board of Directors or by any officer, servant or agent of the corporation shall if done or omitted bona fide in the execution or purported execution if his duties as such member, officer, servant or agent, subject any such person to any action, liability or demand whatsoever.33. Regulations
The Minister may make regulations for carrying into effect the purposes and provisions of this Act, and without prejudice to the generality of the foregoing, may by such regulations—Part VI – Repeals and savings (ss. 34-35)
34. Repeal of Act No. 11 of 1975
35. Conflict between orders, etc., of the Corporation and of any other Agricultural Board
Where any specified agricultural product which is subject to the control and powers of regulation of the Corporation is also subject to any control or powers or regulation of any Board established under the Agricultural Products (Control and Marketing) Act, 1962 and if there is any conflict between the orders, directions or other instructions the decision of the Board shall stand.History of this document
31 July 2002 this version
Consolidation
01 June 1985
Commenced
14 January 1985
Assented to
Cited documents 2
Act 2
1. | Public Officers (Recovery of Debts) Act | 49 citations |
2. | Tanzania Audit Corporation Act | 48 citations |
Documents citing this one 3
Act 1
1. | Food Security Act | 2 citations |
Gazette 1
1. | Tanzania Government Gazette dated 1990-09-21 number 40 |
Government Notice 1
1. | National Milling Corporation (Scheduled Firms) (Modification of Companies Ordinance) Order, 1968 |
Subsidiary legislation
Title
|
|
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National Milling Corporation (Specification for Grading Maize Standards for the 1990/91 Season) Order, 1990 | Government Notice 402 of 1990 |
National Milling Corporation (Specification for Grading Beans Standards for the 1990/91 Season) Order, 1990 | Government Notice 401 of 1990 |
National Milling Corporation (Specification for Grading Paddy Standards for the 1990/91 Season) Order, 1990 | Government Notice 400 of 1990 |
National Milling Corporation (Scheduled Firms) (Modification of Companies Ordinance) Order, 1968 | Government Notice 202 of 1968 |