158.50 KB 711 downloads

Chapter 19:13

Seeds Act

Acts 40/1965, 53/1973 (s. 49), 39/1979, 29/1981, 11/2001, 22/2001 (s. 4)

ARRANGEMENT OF SECTIONS

Section

1. Short title.
3. Appointment of registering officer.
4. Registration of sellers of seed and seed testing laboratories.
5. Cancellation of registration.
6. Reasons to be given by registering officer.
7. Appeal to Minister.
8. Unregistered person or laboratory may not sell or test seed.
9. Use of variety names.
10. Requirements relating to seed sold.
11. Savings as to sale of seed.
12. Introduction of Seed Certification or Approval Scheme.
13. Provisions of scheme.
14. Appointment of inspectors and analysts.
15. Powers of inspectors.
16. Importation of seed.
17. Sampling of imported seed.
18. Requirements relating to seed exported.
19. Publication or distribution of false advertisements concerning seed.
20. Preservation of secrecy.
21. Limitation of actions against State.
22. Testing of seed and publication of results.
23. Prohibitions on production or sale of seed.
24. Offences and penalties.
25. Procedure and evidence.
26. Special defences in case of prosecutions.
27. Acts or omissions by manager, agent or employee.

AN ACT to provide for the registration of sellers of seed and seed testing laboratories; to regulate the importation, exportation and sale of seed; to provide for the testing, certification and inspection of seed; and to provide for other matters connected with the foregoing.

[Date of commencement: 16th August, 1971.]

1    Short title

This Act may be cited as the Seeds Act [Chapter 19:13].

                   2    Interpretation

In this Act—

“advertisement” includes any statement, picture, design or device— (a)      published in any newspaper or public print; or

(b) contained in any handbill, circular or other matter which is distributed to members of the public through the post or brought to the notice of the public in any other manner whatsoever;

“container” includes a bag, barrel, case, tin or package or any other container in which seed is placed or packed;

“grade name” means any mark, description or designation of a grade;

“kind” means all related species and subspecies of any plant which are known by the same common name;

“label” includes any legend, word, mark, symbol or design applied or attached to, included in, belonging to or accompanying any seed or package of seed;

“Minister” means the Minister of Agriculture or any other Minister to whom the President may, from time to time, assign the administration of this Act;

“registered” means registered in terms of this Act;

“registering officer” means the person appointed as registering officer in terms of section three;

“seed” means any seed, including seed potatoes, which the Minister has, by statutory instrument, declared to be seed for the purposes of this Act;

“seed analyst” means a person appointed a seed analyst in terms of section fourteen;

“seed inspector” means a person appointed a seed inspector in terms of section fourteen;

“sell” includes to offer, advertise, keep, expose, transmit, convey, deliver or prepare for sale or exchange or to dispose of for any consideration whatsoever or to transmit, convey or deliver in pursuance of a sale, exchange or disposal as aforesaid;

“variety” means a subdivision of any kind which can be differentiated from other subdivisions of that kind by growth, plant, fruit or other characteristics and any uniform group which is a first generation hybrid (F1) reconstituted on each occasion by crossing two or more breeding stocks maintained by inbreeding.

                   3    Appointment of registering officer

Subject to the law relating to the Public Service, the Minister shall appoint an officer in the Public Service to be styled the registering officer who shall be in charge of registering sellers of seed and seed testing laboratories.

                   4     Registration of sellers of seed and seed testing laboratories

• Every application for registration as a seller of seed or as a seed testing laboratory shall be submitted to the registering officer in the prescribed form and shall be accompanied by the prescribed registration fee.
• On receipt of an application for registration and any further information he may require, the registering officer may register such seller or such laboratory in a register kept for the purpose.
• Any registration under this section may be made subject to such conditions as may be fixed by the registering officer and shall be valid for such period as may be prescribed.
• A registration certificate in the prescribed form shall be prominently displayed on the premises of a registered seller of seed or seed testing laboratory, as the case may be.

                   5    Cancellation of registration

If the registering officer is satisfied that any conditions subject to which a seller of seed or seed testing laboratory was registered have not been complied with, the registering officer may cancel such registration.

                   6    Reasons to be given by registering officer

The registering officer shall, on written application being made within the prescribed period, supply in writing within the prescribed period reasons for his decision in every case where— (a) an application for registration has been rejected; or

• a registration has been cancelled in terms of section five; or
• an applicant for registration is not satisfied with the conditions subject to which he has been registered.

                   7    Appeal to Minister

Any seller of seed or seed testing laboratory—

• whose application for registration has been rejected; or
• whose registration has been cancelled in terms of section five; or
• who or which, as the case may be, is not satisfied with the conditions subject to which he or it has been registered: may appeal against such rejection, cancellation or conditions, as the case may be, to the Minister whose decision shall be final.

                   8    Unregistered person or laboratory may not sell or test seed

(1) Subject to subsection (2), no person shall— (a) sell seed unless he is registered as a seller of seed; or

(b) test seed otherwise than in a laboratory registered as a seed testing laboratory.

• Subsection (1) shall not apply to the sale of seed which is grown by any farmer and sold by him to a person for use as seed by such person.
• Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding level eight or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.

[Subsection inserted by section 4 of Act 22 of 2001]

                   9    Use of variety names

(1) No person shall, unless specially authorized by the Minister—

• add to the variety name under which any seed is sold any qualifying term or reference whatsoever;
• sell seed of any variety under a name other than the name given to it by its discoverer or originator.

Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding level six or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.

[Subsection inserted by section 4 of Act 22 of 2001]

10 Requirements relating to seed sold

(1) No person shall sell any seed unless such seed—

• complies with the prescribed requirements; and
• is packed in a container which complies with the prescribed requirements:

Provided that the Minister may prescribe classes of seed which shall be exempt from this section if sold subject to such conditions as may be prescribed.

(2) Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding level six or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.

[Subsection inserted by section 4 of Act 22 of 2001]

11 Savings as to sale of seed

118.61 KB 266 downloads

Pig Industry Act [Chapter 18:15]

AN ACT to establish a Pig Industry Board; to define its functions, duties and powers; to provide for the imposition and collection of levies on pigs produced in Zimbabwe; and to provide for the development of the pig industry in Zimbabwe and for matters incidental thereto.

[Date of commencement: 1st February, 1960.]

254.02 KB 530 downloads

Chapter 19:14

Stock Trespass Act

Act 6/1991, 22/2001 (s. 4).

ARRANGEMENT OF SECTIONS PART I

PRELIMINARY

1. Short title.

PART II

ESTABLISHMENT, CONTROL AND ADMINISTRATION OF POUNDS AND APPOINTMENT OFPOUNDMASTERS AND OTHER STAFF

3. Establishment and abolition of pounds.
4. Vesting of control and administration of pounds.
5. Appointment of poundmasters and other staff.

PART III

MANAGEMENT OF POUNDS

6. Construction and maintenance of pounds.
7. Poundmaster responsible for managing pound.
8. Notice board at pound.
9. Pound book.
10. Inspection of pound book.
11. Copies of pound book entries to be sent to pound authority.
12. Receipt book.
13. Copy of Act, regulations and by-laws to be kept at pound.
14. Inspectors of pounds.

PART IV

IMPOUNDING OFSTOCK

15. Certain provisions of Part IV not to apply in special pound areas.
16. Right to impound trespassing or straying stock.
17. Duties of person in charge of land regarding trespassing stock.
18. Stock trespassing on poundmaster’s land.
19. Cleansing of cattle before impounding.
20. Restrictions on removal of stock to pound.
21. Disposal of diseased stock or stock trespassing in quarantine area.
22. Particulars of trespass and stock to be sent to poundmaster.
23. Trespassingstock not to be retained, worked or ill-treated.
24. Prohibition against rescue of stock.
25. Tender of damages by owner of stock before impoundment.
26. Driving distance and transport fees.
27. Trespass money.
28. Assessment of damages and other matters.

PART V

DUTIESOFPOUNDMASTERS IN RELATION TO IMPOUNDED STOCK

29. Certain provisions of Part V not to apply to special pounds.
30. Receipt of stock into pound.
31. Notification to owner that stock is impounded.
32. Diseased and tick-infested stock.
33. Vicious stock.
34. Stock to be cared for and not worked. 35 Records of deaths and injuries.

PART V1

POUNDMASTERS’ FEES

36. Part VI not to apply to special pounds.
37. Prescription of fees.
38. Receipts to be issued on payment of fees.
39. Stock may be kept in pound until fees are paid.
40. Persons entitled to benefit from fees.

PART VII

RELEASE, SALE OR DISPOSAL OF IMPOUNDEDSTOCK

41. Part VII not to apply to special pounds.
42. Release of stock upon payment of fees and charges.
43. Sale or disposal of impounded stock.
44. Times and venues of sales and notification thereof.
45. Conduct of sales.
46. Branding of large stock after sale.
47. Proceeds of sales.
48. Payment of balance of proceeds of sale to owner of stock.
49. Reimbursement of poundmaster by pound authority.
50. Recovery of trespass fees, etc., from owner of stock. PART VIII

SPECIAL POUNDS

51. Declaration of special pound areas.
52. Right to impound trespassing stock in special pound area.
53. Restrictions on removal of stock to special pound.
54. Receipt of stock into special pound.
55. Driving distance, transport and trespass fees.
56. Notification that stock is impounded.
57. Release of stock from special pound.
58. Name and address of owner of impounded stock to be supplied.
59. Sale of stock impounded in special pound.
60. Application of proceeds of sale of stock.
61. Minister may prescribe fees in respect of special pounds.
62. Minister may vary application of Act to special pounds.

PART IX

GENERAL

63. Disputes re fees, charges etc.
64. Regulations and by-laws.
65. Molestation of stock.
66. Driving of diseased stock on to another’s land.
67. Presumptions re scab in sheep and goats.
68. Preservation of remedies for trespass under other laws.

AN ACT to provide for the protection of land and property against trespass by stock; to provide for the impoundment of trespassing stock and the disposal of stock that has been impounded; and to provide for matters connected with or incidental to the foregoing.

[Date of commencement: 14th June, 1991.]

PART I

PRELIMINARY

1    Short title

This Act may be cited as the Stock Trespass Act [Chapter 19:14].

                       2    Interpretation

• In this Act—

“area”, in relation to—

• a municipal council, town council, rural district council or local board, means the area for which such council or board has been established, together with any other area under the administration, control or management of such council or board;
• a person in whom the administration, control or management of a local government area has been vested in terms of subsection (3) of section 7 of the Urban Councils Act [Chapter 29:15], means the local government area concerned;
• a person or authority declared to be a local authority in terms of paragraph (a) of subsection (2), means the area specified in terms of that subsection as the area of jurisdiction of that person or authority;

“assessor” means a poundmaster or other person acting as an assessor in terms of section twenty-eight;

“cattle” means bulls, cows, oxen, heifers, steers or calves;

“entire”, in relation to male stock, means not castrated;

“large stock” means cattle, horses, donkeys, mules and any animals or birds declared in terms of paragraph (b) of subsection (2) to be large stock;

“local authority” means—

• a municipal council, town council, rural district council or local board; or
• a council vested with the administration, control or management of a local government area in terms of subsection (3) of section 7 of the Urban Councils Act [Chapter 29:15]; or
• a person or authority declared to be a local authority in terms of paragraph (a) of subsection (2);

“Minister” means the Minister of Agriculture or any other Minister to whom the President may, from time to time, assign the administration of this Act;

“nearest pound”, in relation to any land, means the pound that is nearest to that land by a practicable road or route:

Provided that, in relation to any special pound area or any area that is a prescribed area in terms of the Animal Health Act [Chapter 19:01] from which the removal of any stock is prohibited, restricted or controlled, a pound situated—

• within such an area shall not be the nearest pound in relation to any land situated outside that area;
• outside such an area shall not be the nearest pound in relation to any land situated within that area;

“owner”, in relation to any stock, includes any person employed by the owner of the stock as manager, caretaker or agent in respect of the land on which the stock is normally kept;

“person in charge”, in relation to any land, means the owner, lessee or occupier of the land or any manager, caretaker or agent employed by such owner, lessee or occupier;

“pound” means a pound established in terms of this Act;

“pound authority”, in relation to any pound, means the person or authority in whom the control and administration of the pound is vested in terms of section four;

“pound book” means a pound book kept in terms of section nine;

“poundmaster” means a person appointed as poundmaster in terms of section five;

“small stock” means goats, sheep and pigs and any animals or birds declared in terms paragraph (b) of subsection

• to be small stock;

“special pound” means a pound established in a special pound area;

“special pound area” means an area declared to be a special pound area in terms of section fifty-one;

“special pound authority” means the person or authority in whom the control and administration of a special pound is vested in terms of section four;

“stock” means cattle, horses, donkeys, mules, goats, sheep, pigs and any other animals or birds declared to be stock in terms of paragraph (b) of subsection (2);

“sufficient fence” means—

• a wire fence in good repair with not less than four strands of barbed wire or five strands of plain wire properly strained on substantial supports;
• a wall, fence, gate or barrier at least one comma five metres high; through which no stock can pass without breaking the fence, wall, gate or barrier, as the case may be. “trespass money” means money payable in terms of section twenty-seven;

“urban area” means—

• a municipal or town area or a local government area; or
• any land that is urban land for the purposes of the Rural District Councils Act [Chapter 29:13].

(2) The Minister may, by statutory instrument—

• declare any person or authority to be a local authority for the purposes of all or any of the provisions of this Act, and in the statutory instrument shall specify the area for which the person or authority shall be the local authority;
• declare any domestic or domesticated animals or birds to be stock for the purposes of all or any of the provisions of this Act, either in relation to the whole of Zimbabwe or to any part thereof, and in the statutory instrument shall specify whether the animals or birds are to be large stock or small stock. PART II

ESTABLISHMENT, CONTROL AND ADMINISTRATION OF POUNDS AND APPOINTMENT OF POUND MASTERS AND OTHER STAFF

                       3    Establishment and abolition of pounds

• A local authority may, by notice in the Gazette, establish one or more pounds within its area and may in like manner abolish any such pound.
• If required to do so by the Minister, acting after consultation with the Minister responsible for local government, a local authority shall establish a pound in any part of its area specified by the Minister.
• The Minister may, by notice in the Gazette, establish one or more pounds within any area that is a prescribed area in terms of the Animal Health Act [Chapter 19:01] from which the removal of stock is prohibited, restricted or controlled, and may in like manner abolish any such pound.

                       4    Vesting of control and administration of pounds

• Subject to subsections (2) and (4), a local authority which has established a pound in terms of section three shall have, the control and administration of that pound.
• Subject to subsection (4), if the place where a pound is situated ceases to fall within the area of the local authority that established it, whether because of the dissolution of the local authority or the alteration of its area or otherwise, the control and administration of the pound shall vest in the local authority within whose area the pound is situated.
• Subject to subsection (4), the Minister shall have the control and administration of any pound established by him in terms of section three.
• The Minister may, by notice in the Gazette, vest the control and administration of any pound in such person or authority as may be specified in the notice.

                       5    Appointment of poundmasters and other staff

• A local authority shall appoint, on such terms and conditions as it may fix after consultation with the Minister responsible for local government, a poundmaster for every pound for which it is the pound authority.
• Subject to the law relating to the Public Service, the Minister shall appoint a poundmaster for every pound for which he is the pound authority.
• A poundmaster who is not a full-time employee of the pound authority may, with the approval of the pound authority and subject to any other law, appoint members of staff to assist him in the management of his pound.
• Where a poundmaster is a full-time employee of the pound authority, the pound authority may, subject to any other law, appoint persons to assist the poundmaster in the management of the pound.
• For the purposes of this section, a member of the Public Service who is the poundmaster of a pound for which the Minister is the pound authority shall be deemed to be a full-time employee of the Minister. PART III

MANAGEMENTOF POUNDS

                       6    Construction and maintenance of pounds

• Every pound shall be constructed in such manner and to such specifications as may be prescribed by the

Minister.

• Every pound authority shall ensure that every pound controlled and administered by it is kept in good repair.

                       7    Poundmaster responsible for managing pound

Subject to this Act and to any directions given to him by the pound authority, a poundmaster shall be responsible for ensuring the proper management and control of his pound and of all stock impounded therein.

                       8    Notice board at pound

A poundmaster shall erect and maintain at his pound a notice board upon which he shall post—

• the rates of fees, charges and damages payable in terms of this Act in relation to his pound and any stock impounded therein; and
• notices of sales of stock impounded in his pound; and

any other matters that may be prescribed by the Mi

123.01 KB 431 downloads

CHAPTER 18:16
PLANT BREEDERS RIGHTS ACT
Acts 53/1973, 39/1979, 11/2001, 22/2001 (s. 4).
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1. Short title.
2. Interpretation.
PART IA
APPLICATION OFACT
3. Plants in respect of which plant breeders rights may be granted.
3A. Persons to whom plant breeders rights may be granted.
PART II
ADMINISTRATION
4. Registrar of Plant Breeders Rights and other officers.
5. Register of Plant Breeders Rights.
PART III
APPLICATIONS FOR AND GRANT OF PLANT BREEDERSRIGHTS
6. Persons entitled to make application for plant breeders rights.
7. Application for plant breeders rights and effective date thereof.
8. Description and samples of new variety.
9. Naming of plant concerned.
10. Refusal of application.
11. Amendment of application.
12. Publication of application.
12A. Rights of applicant for plant breeders rights
13. Objection to grant of plant breeders rights.
14. Refusal or grant of plant breeders rights.
15. Cancellation of plant breeders rights.
16. Duty of holder of plant breeders rights to maintain reproductive material.
17. Rights of holder of plant breeders rights.
17A. Duration of plant breeders rights.
18. Issue of licences.
19. Compulsory licences.
20. Surrender of plant breeders rights.
PART IV
APPEALS
21. Appeals from decision of Registrar.
22. Assessors.
23. Time for appeals.
24. Right of Registrar to appear at appeal.
25. References by Registrar to Administrative Court.
PART IVA
REMEDIES FOR INFRINGEMENT OF PLANT BREEDERS RIGHTS
25A. Court that may hear proceedings for infringement of plant breeders rights.
25B. Provisions applicable to proceedings for infringement of plant breeders rights.
25C. Remedies available in proceedings for infringement.
25D. Anton Piller orders.
25E. Remedy for groundless threats of infringement proceedings.
PART V
OFFENCES AND PENALTIES
26. Falsification of documents.
27. Failure to obey order of Appeal Board or giving false evidence.
28. Deceiving or improper influencing of officer.
29. Unauthorized claim of plant breeders rights or use of authorized name.
30. Offences by officers.
31. [Repealed].
PART VI
GENERAL
32. [Repealed].
33. Hearing before exercise of discretion of Registrar.
34. [Repealed].
35. Powers of Registrar to authorize corrections.
36. Rectification of Register.
37A. Use if approved name.
37. Prior knowledge or publication of new plant excused in certain circumstances.
38. Evidence of certain entries and documents.
39. Inspection and provision of certified copies of entries in Register.
40. Preservation of secrecy.
41. State to be bound and limitation of actions against State.
42. [Repealed].
43. Particulars to be published.
44. Assignments.
45. Regulatory powers.
AN ACT to provide for the registration of plant breeders rights in respect of certain varieties of
plants and the protection of the rights of persons who are registered as the holders of such rights; and
to provide for matters incidental to or connected with the foregoing.
[Date of commencement: 1st October, 1974.]
PART I
PRELIMINARY
1 Short title
This Act may be cited as the Plant Breeders Rights Act [Chapter 18:16].
2 Interpretation
In this Act—
“approved”, in relation to the name of a plant, means approved by the Registrar in terms of section nine;
[Definition inserted by Act 11 of 2001]
“assignee”, in relation to a new variety, means—
(a) a person who has derived his title to the new variety for Zimbabwe directly or indirectly from the
breeder or owner thereof; or
(b) the legal representative of the person referred to in paragraph (a);
“breeder”, in relation to a new variety, means—
(a) the person who directed the final breeding of the new variety or who developed or discovered
the new variety; or
(b) the legal representative of the person referred to in paragraph (a);
“breeding line” means an assemblage of sexually reproducing individuals of uniform appearance propagated
by seeds, the stability of which is maintained by selection to a standard;
“clone” means uniform material derived from a single individual and propagated entirely by vegetative
means;
“Convention” means the International Union for the Protection of New Varieties of Plants, signed at Paris,
France, on the 2nd December, 1961, and includes the revisions made in Geneva, Switzerland, on the
10th November, 1972, on the 23rd October, 1978, and on the 19th March, 1991;
[Definition inserted by Act 11 of 2001]
“cultivar” means an assemblage of cultivated individuals which is designated by any characteristics, morphological,
physiological, chemical, genetic or others, significant for the purposes of agriculture, forestry or
horticulture, and which, when reproduced sexually or asexually, retains its distinguishing features;
“date of application” means the effective date of an application for plant breeders rights in terms of subsection
(4) or (5), as the case may be of section seven;
[Definition amended by Act 11 of 2001]
“farmer” means a person who normally derives his sole or principal means of livelihood from agriculture
carried on by him in Zimbabwe;
[Definition inserted by Act 11 of 2001]
“foreign application” means an application made in terms of section seven in respect of a variety which has
its origin outside Zimbabwe;
[Definition amended by Act 11 of 2001]
“hybrid” means the first generation progeny of a cross which is produced under controlled pollination with
parents sufficiently uniform to permit repeated production of the hybrid without change in uniformity or
stability;
“kind”, in relation to a plant, means all related species, subspecies and varieties of any plant which are
known by the same common name;
“legal representative” means—
(a) the liquidator or receiver of a company;
(b) the representative recognized by law of any person who has died, become insolvent or bankrupt
or assigned his estate, is an infant or a minor, is of unsound mind or is otherwise under a disability;
“Minister” means the Minister of Agriculture or any other Minister to whom the President may, from time to
time, assign the administration of this Act;
“multiline” means an assemblage of individual breeding lines in a stated proportion;
“new variety” means any variety if plant which is a new variety as described in subsection (2) of section
three;
[Definition amended by Act 11 of 2001]
“officer” means the Registrar or any examiner or other officer appointed in terms of section four;
“plant” includes a fungus;
[Definition inserted by Act 11 of 2001]
“plant breeders rights” means plant breeders rights granted in terms of section fourteen;
“plant concerned” means the plant to which the application in terms of section seven relates and which is
claimed by the applicant to be a new variety;
[Definition amended by Act 11 of 2001]
“reciprocating country” means
(a) any State which is a party to the Convention or any other treaty to which Zimbabwe is also a
party and which provides for the protection of rights in plant varieties; or
(b) any State which is not a party to the Convention or to a treaty referred to in paragraph (a) but
which, in the Registrar’s opinion, effectively protects rights in plant varieties held by
(i) individuals who are citizens or residents of Zimbabwe; or
(ii) companies or bodies corporate which carry on business in Zimbabwe or have their principal
offices there;
[Definition inserted by Act 11 of 2001]
“Register” means the Register of Plant Breeders Rights kept in terms of section five;
“Registrar” means the Registrar of Plant Breeders Rights appointed in terms of section four;
“reproductive material” means a plant or part of a plant which is used to multiply the plant;
“sell” includes to offer, advertise, keep, expose. transmit, convey, deliver or prepare for sale or to exchange
or to dispose of for any consideration whatsoever or to transmit, convey or deliver in pursuance of such a
sale, exchange or disposal;
“stable”, in relation to a variety, means stable in the sense that its relevant characteristics remain unchanged
after repeated propagation or, in the case of a particular cycle of propagation, at the end of each such cycle;
[Definition substituted by Act 11 of 2001]
“uniform” means uniform in the sense that any variations are describable, predictable and commercially acceptable;
“variety” means—
(a) a botanical variety, cultivar, breeding line or clone which—
(i) is sufficiently homogeneous; and
(ii) can be differentiated from another of the same kind by one or more characteristics which
are capable of definition and recognition; and
(iii) is reasonably uniform and stable after repeated propagation;
or
(b) a hybrid; or
(c) a multiline.
PART IA
APPLICATION OFACT
3 Plants in respect of which plant breeders rights may be granted
(1) The Registrar shall not grant plant breeders rights under this Act in respect of any plant unless it is a new
variety of a prescribed kind.
(2) A plant shall be regarded as a new variety for the purposes of subsection (1) if
(a) it was not offered for sale or marketed
(i) in Zimbabwe prior to the date of application; or
(ii) in any other country in respect of
A. trees and grapevines, for longer than six years before the date of application; or
B. any other plant, for longer than four years before the date of application;
and
(b) it is distinct from any other variety the existence of which is a matter of common knowledge at the date
of application; and
(c) it is sufficiently uniform in its relevant characteristics, subject to the variation that can be expected from
the particular features of its propagation; and
(d) it is stable.
(3) For the purposes of paragraph (b) of subsection (2)
(a) the filing of an application in a foreign country for
(i) the granting of rights equivalent to plant breeders rights for a variety; or
(ii) the entering of a variety in an official register of varieties;
shall be deemed to render that variety a matter of common knowledge from the date of the
application, if the application leads to the granting of such rights or the entering of the variety
in the official register, as the case may be;
(b) common knowledge of a variety shall be presumed if the variety is
(i) already in cultivation or accepted for commercial purposes; or
(ii) included in any commercial or botanical reference collection; or
(iii) described precisely in any magazine, journal or other publication.
[Section substituted by Act 11 of 2001.]
3A Persons to whom plant breeders rights may be granted
The Registrar shall not grant plant breeders rights to any person except
(a) the State or the government of a reciprocating country; or
(b) an individual who is a citizen or resident of Zimbabwe or a reciprocating country; or
(c) a company or body corporate which carries on business or has its principal office in Zimbabwe or a
reciprocating country;
where the State or that government, individual, company or body corporate, as the case may be, is a breeder of the
new variety concerned.
[Section inserted by Act 11 of 2001.]
PART II
ADMINISTRATION
4 Registrar of Plant Breeders Rights and other officers
Subject to the Public Service Act [Chapter 16:14], there shall be—
(a) an officer, to be styled the Registrar of Plant Breeders Rights, who shall exercise such functions as are
conferred or imposed on the Registrar by this Act; and
(b) such examiners and other officers as the Minister considers necessary for the better carrying out of the
provisions of this Act.
[Section amended by Act 11 of 2001.]
5 Register of Plant Breeders Rights
(1) The Registrar shall cause to be kept a Register of Plant Breeders Rights, in which shall be entered—
(a) particulars of plant breeders rights which are in force and of any licences issued in respect thereof; and
(b) notice of all matters which are required by or under this Act to be entered in the Register and of such
other matters affecting the validity or ownership of plant breeders rights as the Registrar thinks fit.
(2) The Register shall be prima facie evidence of any matters entered therein which are required or authorized
by or under this Act to be entered therein.
PART III
APPLICATIONS FOR AND GRANTOF PLANT BREEDERS RIGHTS
6 Persons entitled to make application for plant breeders rights
(1) Subject to subsection (2), an application for the grant of plant breeders rights in respect of a new variety
may be made by or on behalf of any of the following persons
(a) a breeder of the new variety or his assignee; or
(b) the Minister, where the State is the breeder of the new variety or the breeder’s assignee; or
(c) the competent authority according to the laws of the country concerned, where the government of a
reciprocating country is the breeder of the new variety or the breeder’ assignee;
and may be made by that person alone or jointly with anyone else who is a breeder of the new variety or his
assignee.
(2) An application for the grant of plant breeders rights shall be made only by a person to whom the rights
may be granted in terms of section three A.
[Section substituted by Act 11 of 2001.]
7 Application for plant breeders rights and effective date thereof
(1) An application for the grant of plant breeders rights shall be—
(a) made in the prescribed form; and
(b) lodged with the Registrar in the prescribed manner.
(2) An assignee making or joining in an application shall furnish such proof of title or authority as the Registrar
may require or as may be prescribed.
(3) An application in terms of subsection (1) shall be lodged with the Registrar and
(a) shall indicate the origins of the plant concerned and give the full name of the breeder; and
(b) where the applicant or one of the applicants is not the breeder of the plant concerned, shall contain a
declaration that the applicant believes the person named as the breeder to be the breeder of the plant
concerned; and
(c) shall specify any foreign country where an application for the grant of rights similar to plant breeders
rights has been or is being made and, in relation to any such application, shall specify
(i) its number or title; and
(ii) its effective date.
[Subsection substituted by Act 11 of 2001.]
(4) Subject to subsection (5), the effective date of an application in terms of subsection (1) shall be the date
on which the application is received by the Registrar.
[Subsection substituted by Act 11 of 2001.]
(5) Where the person by or on whose behalf an application is made in terms of subsection (1) has filed an
earlier application for rights in regard to the plant concerned in a State which is a party to the Convention, the
effective date of his application in terms of subsection (1) shall be deemed to be the date on which that earlier
application was filed or, where he has filed two or more such earlier applications, the date on which the earliest
one was filed:
Provided that he shall not be entitled to the benefits of this subsection unless, in his application in terms of
subsection (1), he claims the priority of his earlier application and, within three months after lodging his application
with the Registrar in terms of subsection (1), submits to the Registrar a copy of the documents which constituted
the earlier application, certified to be a true copy by the authority with which the earlier application was
filed.
[Subsection substituted by Act 11 of 2001.]
8 Description and samples of new variety
(1) An application in terms of section seven shall be accompanied by—
(a) a complete description of the plant concerned; and
(b) samples of reproductive material necessary for the reproduction of the plant concerned in such quantities
as the Registrar may require.
(2) The description referred to in paragraph (a) of subsection (1) shall—
(a) commence with a title naming the plant concerned or giving it a temporary designation until the grant of
plant breeders rights; and
(b) contain or be accompanied by such other particulars as may be prescribed or required by the Registrar;
and
(c) specify the procedure to be used for the maintenance and reproduction of the plant concerned.
(3) The Registrar may require—
(a) that the plant concerned or the plant or plants from which it originated be shown to him or to a person
designated by him; and
(b) that any additional information or specimens which he considers necessary to determine whether or not
the plant concerned constitutes a new variety be furnished to him.
9 Naming of plant concerned
(1) The name of the plant concerned shall be proposed by the person who applies for the grant of plant
breeders rights but such name shall be subject to the approval of the Registrar.
(2) The Registrar may at any time before the grant of plant breeders rights, after considering any representations
made by the applicant or an objector, reject any name proposed in terms of subsection (1) if, in the Registrar’s
opinion, the name proposed does not satisfy the requirements of subsection (3) or (4).
[Subsection substituted by Act 11 of 2001.]
(3) The name proposed in terms of subsection (1) shall be the generic name of the plant concerned and may
consist of any word, combination of words, combination of words and figures or combination of letters and figures,
with or without any meaning:
Provided that
(i) whatever combination is used, the name shall allow the plant concerned to be identified; and
(ii) the name shall not affect the existing rights of any third party.
[Subsection substituted by Act 11 of 2001.]
(4) Where a name proposed in terms of subsection (1) has already been used for the plant concerned in Zimbabwe
or in a State which is a party to the Convention, or is proposed or registered in such a State, the Registrar
shall approve only that name.
[Subsection substituted by Act 11 of 2001.]
(5) An appeal shall lie from any decision of the Registrar under subsection (2).
[Subsection substituted by Act 11 of 2001.]
10 Refusal of application
(1) The Registrar may refuse any application made in terms of section seven if prima facie it appears to him
that— (a) the application does not comply with the requirements of this Part; or
(b) the plant in respect of which the application has been made is not a new variety of a prescribed kind; or
(c) the applicant is not entitled in terms of this Act to make the application; or
(d) the growing of the plant concerned, or the grant of plant breeders rights in respect of it, would be contrary
to public order or morality; or
[Paragraph substituted by Act 11 of 2001.]
(e) the production of the plant concerned would require the repeated use of the reproductive material of
another plant variety for which plant breeders rights have been granted

84.01 KB 136 downloads

www.law.co.z.zw
CHAPTER 18:17
PRODUCE EXPORT ACT
Ord. 4/1921; Acts 37/1938 (s. 3), 12/1945, 22/2001 (s. 4); R.G.Ns. 799/1963, 214/1964.
ARRANGEMENT OF SECTIONS
Section
1. Short title.
2. Interpretation.
3. Prohibition of export.
4. Export without inspection when arrangements made for inspection outside Zimbabwe.
5. Powers of President.
6. Regulations.
7. Penalties.
8. Penalties for fraudulent acts.
9. Appeal from decisions of inspectors.
10. Payments to members of appeal boards.
11. Appointment of officers.
AN ACT to provide for the grading of agricultural produce and any such processed produce which is
to be exported from Zimbabwe for the purpose of sale, for the prohibition and regulation of the methods
of processing produce, for the prohibition and regulation of the export of such produce and for matters
incidental to the foregoing.
[Date of commencement: 10th June, 1921.]
1 Short title
This Act may be cited as the Produce Export Act [Chapter 18:17].
2 Interpretation
(1) In this Act—
“brand” means stamp, mark, label or in any other manner distinguish by concrete or visible sign;
“Controller” means the officer appointed by the Minister of Agriculture to administer this Act;
“export” means export from Zimbabwe for purposes of sale outside Zimbabwe;
“inspector” means a person appointed by the Minister of Agriculture to examine or grade or both examine and
grade produce intended for export;
“owner” includes an exporter, consignor or agent of the owner;
“produce” means any article which has been declared to be produce in terms of this section.
(2) The President may, by statutory instrument, declare any of the following to be produce for the purposes of
this Act—
Any article whatever which is produced or derived by farming operations, whether or not such article has undergone
any change of form as a result of some process applied to it by any person whomsoever since it was produced or
derived, butter, butter substitutes, cheese, eggs, meat or any product thereof, and the hides and skins of any domesticated
animal.
3 Prohibition of export
(1) No person shall export, or cause or permit to be exported, any produce unless and until such produce has
been inspected and graded by an inspector and thereafter branded in the manner prescribed by regulation; nor shall
any produce which has been so inspected, graded and branded be exported if it is included in a grade lower than that
fixed as the minimum standard for exportation.
(2) Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding
level seven or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.
[Subsection as inserted by section 4 of Act No. 22 of 2001]
4 Export without inspection when arrangements made for inspection outside Zimbabwe
Notwithstanding anything in section three contained, the Controller may issue written authority for the export of
produce without inspection and grading when arrangements have been made to his satisfaction for the inspection and
grading of such produce outside Zimbabwe.
5 Powers of President
The President may, by statutory instrument—
(a) prescribe the specific designation under which any particular kind of produce may be exported and define
each such kind of produce;
(b) prescribe standards of quality, composition and condition, and minimum standards for exportation, for
different kinds of produce;
(c) exempt from the provisions of this Act, either wholly or in part, produce of other countries in transit
through Zimbabwe;
(d) exempt from the provisions of this Act produce intended for export to any country, state or territory designated
in such notice;
(e) prohibit the export from Zimbabwe of produce which is not of the grade, standard of quality, composition
and condition prescribed under this Act for such produce or to which any process prohibited or not prescribed
under this Act has been applied.
6 Regulations
(1) The President may make regulations as to the following matters relating to produce intended for export—
(a) the inspection of produce, the inspection of animals from which produce is derived or to be derived, the
inspection of the premises in which such animals are slaughtered or in which produce is prepared, manufactured
or otherwise dealt with;
(b) the place and manner of inspection as aforesaid;
(c) the time and place at which, and the manner in which, notice of intention to export shall be given;
(d) the manner of packing, the size, description, quality and material of the receptacles to be used, the weight of
the contents and the marking of the receptacles;
(e) the fixing of grades, the place and manner of grading and branding of any produce, and the manner in
which different designations or grades of produce shall be branded, whether on the receptacle or on a certificate
of the inspector or otherwise;
(f) the period within which graded produce may be exported;
(g) the abstraction or removal of samples by an inspector for examination, inspection or analysis and the disposal
of such samples after such examination, inspection or analysis;
(h) the circumstances under which the export of graded produce may be delayed or prohibited owing to a
deterioration in quality or condition, and under which such produce may be regraded, degraded or unbranded
after inspection;
(i) the forms of notices, certificates or other documents to be used or issued for the purposes of this Act;
(j) the fees which shall be paid by the owner of animals or produce for inspection and for grading, the time of
payment and the person to whom payment shall be made;
(k) the period within which appeals shall be notified and the procedure of boards of appeal;
(l) the methods of curing and other processes that may be applied to any produce, and prohibiting the application
of any method or process to any produce;
(m) requiring any person or any class of persons to furnish information and returns in regard to any produce;
and, generally, for the better carrying out of the objects and purposes of this Act.
2 Regulations made in terms of subsection (1) may provide penalties for contraventions thereof, but no such
penalty shall exceed a fine of level six or imprisonment for a period not exceeding one year or both such fine and
such imprisonment.
[Subsection as inserted by section 4 of Act No. 22 of 2001]
7 Penalties
(1) …..
[Subsection repealed by section 4 of Act No. 22 of 2001]
(2) Any person who obstructs, resists or hinders an inspector in the lawful exercise of his powers or duties under
this Act or any notice issued thereunder shall be guilty of an offence and liable to a fine not exceeding level five or to
imprisonment for a period not exceeding six months or to both such fine and such imprisonment.
[Subsection as amended by section 4 of Act No. 22 of 2001]
8 Penalties for fraudulent acts
Any person who—
(a) forges or utters, knowing it to be forged, any certificate or brand or label, or any writing or signature required
by or provided in this Act; or
(b) wilfully applies to produce intended for export a certificate or invoice or label or warranty given in relation
to any other produce; or
(c) in Zimbabwe, with intent to deceive, issues a written warranty or invoice, label or certificate or notification
in respect of produce, if such written document falsely describes such produce or is false in any other material
particular,
shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period not exceeding
one year or to both such fine and such imprisonment.
[Subsection as amended by section 4 of Act No. 22 of 2001]
9 Appeal from decisions of inspectors
Any owner of produce intended for export being dissatisfied with the decision of or action taken by an inspector
under this Act may appeal to the Controller against such decision or action. A further inspection shall ther eupon be
made by the same or another inspector. If, as the result of such inspection, the decision or action appealed against is
altered in favour of the appellant, no fees shall be charged for such second inspection. If the owner is still dissatisfied
with the decision or action of the inspector, he may appeal to a board to be appointed by the President. Before the
matter is referred to the board, the person appealing shall deposit at the office of the Controller such reasonable
amounts as, in the Controller’s opinion, will be sufficient to defray the costs of the appeal. Such board shall consist of
three members, of whom one shall be the Controller and at least one shall be directly interested in the kind of produce
giving rise to the dispute.
The decision of the board shall be final and the cost of appeal shall be in the discretion of the board.
10 Payments to members of appeal boards
The members of the board may be paid allowances for each day necessarily spent in travelling to and from the
place where the appeal is heard, and allowances for such days as may be necessarily occupied in hearing and determining
the appeal, and such allowances shall be costs of the appeal.
11 Appointment of officers
Subject to the law relating to the Public Service, the Minister of Agriculture may appoint a controller and inspectors
and such other officers as may be necessary for the due administration of this Act.

91.06 KB 89 downloads

www.law.co.zw
CHAPTER 18:18
SERICULTURE ACT
Act 25/1989, 22/2001 (s. 4).
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1. Short title.
2. Interpretation.
PART II
REGISTRATION AND CONTROLS
3. Registering officer.
4. Registration of breeders, buyers, rearers, reelers and twisters.
5. Restrictions on disposal of cocoons, silkworm seed and raw silk, and on reeling of cocoons.
6. Restrictions on varieties of silkworms which may be reared in, or imported into, an area.
PART III
CONTROL OF DISEASES
7. Declaration of diseases.
8. Disease areas.
9. Notification and control of disease.
PART IV
GENERAL
10. Inspectors.
11. Powers of police officers and inspectors.
12. Regulations.
AN ACT to regulate and control the production, breeding, rearing, reeling, twisting and marketing
of silkworm seed, cocoons and raw silk; and to provide for matters connected with, or incidental to,
the foregoing.
[Date of commencement: 9th February, 1990.]
PART I
PRELIMINARY
1 Short title
This Act may be cited as the Sericulture Act [Chapter 18:18].
2 Interpretation
In this Act—
“breeder” means a person who is engaged in the rearing of silkworms for the production of silkworm seed;
“cocoon” means a silk shell spun by a silkworm larva, whether green, yellow, white, dried, stuffed or in any
other condition, but does not include a pierced cocoon, that is to say a cocoon shell from which an adult
moth has emerged;
“disease” means any disease or symptom affecting silkworms which is declared in terms of section seven to
be a disease for the purposes of this Act;
“inspector” means a person designated as an inspector in terms of section ten;
“Minister” means the Minister of Agriculture or any other Minister to whom the President may, from time to
time, assign the administration of this Act;
“raw silk” includes silk yarn reeled off cocoons and twisted silk yarn;
“rearer” means a person who is engaged in the rearing of silkworm for the production of cocoons;
“reeler” means a person who unravels and reels silk yarn from cocoons;
“registered buyer” means a person who is registered to buy cocoons or raw silk;
“silkworm” means the caterpillar of the mulberry silk moth Bombyx mori;
“silkworm seed” means the eggs of the silk moth Bombyx mori;
“twister” means a person who is in charge of an establishment in which twisted silk yarn is produced.
PART II
REGISTRATION AND CONTROLS
3 Registering officer
Where the Minister has published a notice in terms of section four requiring all breeders, buyers, rearers, reelers
or twisters or any class of breeders, rearers, reelers or twisters to register, there shall be a registering officer
who shall be responsible for their registration in terms of this Act and his office shall be a public office and form
part of the Public Service.
4 Registration of breeders, buyers, rearers, reelers and twisters
(1) The Minister may from time to time, by statutory instrument, require all breeders, buyers, rearers, reelers
or twisters or any class of breeders, rearers, reelers or twisters, to register with the registering officer in terms of
this section.
(2) Where the Minister has published a statutory instrument in terms of subsection (1), every breeder, buyer,
rearer, reeler or twister required to register in terms thereof shall—
(a) before performing any act as a breeder, buyer, rearer, reeler or twister, register with the registering
officer, in such manner as may be specified in the statutory instrument, his name and the address of the
premises at or from which he breeds or rears silkworms or carries on business, as the case may be:
Provided that any such breeder, buyer, rearer, reeler or twister who was acting as such before the
date of commencement of the statutory instrument shall register himself with the registering officer in
terms of this paragraph not later than one month after the date of commencement of the statutory instrument;
(b) at the time of registration, furnish to the registering officer such information in addition to his name and
address as may be specified in the statutory instrument; and
(c) furnish to the registering officer, in writing, details of any changes to the particulars furnished by him in
terms of paragraph (a) or (b) as they occur from time to time.
(3) The registering officer may cancel the registration of any person if such person—
(a) has, in the opinion of the registering officer, not carried on business in the capacity in which he was
registered for a period of twelve months or more; or
(b) has notified the registering officer of his intention to discontinue the operations in respect of which he
has been registered and has made written application for the removal of his name from the register; or
(c) has furnished false information in terms of subsection (2), or has failed to furnish any of the information
required by, or in terms of, subsection (2).
(4) Before a registering officer cancels the registration of any person in terms of paragraph (a) or (c) of subsection
(3), he shall call upon the person whose registration is to be cancelled to make such representations in
writing as he may wish to make in regard to the proposed cancellation.
(5) A person whose registration has been cancelled under subsection (3) shall continue to be bound by all the
obligations, conditions and restrictions affecting him as a registered person under this Act until he has received, in
writing, notice from the registering officer to the effect that his registration has been cancelled.
(6) Any person who is aggrieved by the cancellation of his registration in terms of subsection (3) may appeal
to the Minister, who may give such decision in the matter as he thinks appropriate.
(7) Any person who, being required to register in terms of this section—
(a) fails to register; or
(b) furnishes false information in terms of subsection (2); or
(c) fails to furnish any of the information required by or in terms of subsection (2);
shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not
exceeding six months or to both such fine and such imprisonment.
[Subsection as amended by section 4 of Act No. 22 of 2001]
5 Restrictions on disposal of cocoons, silkworm seed and raw silk and reeling of cocoons
(1) Where the Minister has in terms of section four required all breeders, buyers, rearers, reelers or twisters
or any class of breeders, rearers, reelers or twisters to be registered—
(a) no registered rearer shall sell or otherwise dispose of cocoons except to a registered reeler, registered
twister or registered buyer;
(b) no registered reeler or registered twister shall sell or otherwise dispose of raw silk produced by him
except to a registered buyer and in accordance with such terms and conditions as to the disposal of such
raw silk as the Minister may from time to time impose;
(c) no person other than a registered buyer shall buy cocoons or raw silk from any person;
(d) no rearer or, where a class of rearers is required to be registered, no rearer of that class, shall reel cocoons
for hire or reward unless he is registered.
(2) Any person who contravenes this section shall be guilty of an offence and liable to a fine not exceeding
level five or to imprisonment for a period not exceeding six months or to both such fine and such impri sonment.
[Subsection as amended by section 4 of Act No. 22 of 2001]
6 Restriction on varieties of silkworm which may be reared in, or imported into, an area
(1) In this section—
“prohibited variety of silkworm”, in relation to an area of silkworm specified in a statutory instrument in
terms of subsection (2), means a variety of silkworm other than a variety which, in terms of the statutory
instrument, may be reared in that area.
(2) The Minister may, by statutory instrument, specify the variety or varieties of silkworms that may be
reared in any area specified in the order.
(3) The Minister may give written authority to a person—
(a) to rear a prohibited variety of silkworm in any area; or
(b) to import a prohibited variety of silkworm into any area;
and, in granting such authority, the Minister may impose such terms and conditions as he thinks fit.
(4) No person shall—
(a) rear a prohibited variety of silkworm in any area; or
(b) import, whether in transit or otherwise, a prohibited variety of silkworm into any area;
unless he has been authorized thereto in terms of subsection (3) and he complies with any terms and conditions
imposed in terms of that subsection.
(5) The Minister may direct a person who is rearing or has in his possession a prohibited variety of silkworm
in any area to destroy it or dispose of it and, in giving such direction, the Minister may specify the manner in
which such silkworms shall be destroyed or disposed of:
Provided that this subsection shall not apply in relation to silkworms which are being reared or have been imported
by a person who has been authorized thereto in terms of subsection (3) and who has complied with any
terms and conditions imposed in terms of that subsection.
(6) Any person who contravenes—
(a) subsection (4); or
(b) any directions given to him in terms of subsection (5);
shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not
exceeding six months or to both such fine and such imprisonment.
[Subsection as amended by section 4 of Act No. 22 of 2001]
PART III
CONTROL OF DISEASES
7 Declaration of diseases
The Minister may, by statutory instrument, declare any disease or symptom affecting silkworms to be a disease
for the purposes of this Act, whether or not caused by, or consisting of, the presence of any insect, fungus,
bacteria or virus.
8 Disease areas
(1) The Minister may, by statutory instrument—
(a) declare any area in which any disease exists to be a disease area;
(b) prohibit, either absolutely or subject to conditions, the sending or bringing of silkworms or cocoons into
any disease area, or the sending or removal from a disease area of silkworms or cocoons;
(c) require rearers within a disease area to register in the prescribed manner and form.
(2) Any person who contravenes any notice made in terms of subsection (1) shall be guilty of an offence and
liable to a fine not exceeding level five or to imprisonment for a period not exceeding six months or to both such
fine and such imprisonment.
[Subsection as amended by section 4 of Act No. 22 of 2001]
9 Notification and control of disease
(1) If a rearer discovers or has reasonable grounds for believing that any silkworms in his custody are diseased—
(a) he shall, as soon as possible, notify the Minister of that fact in the prescribed manner and form; and
(b) he shall not sell, remove, give away or dispose of the silkworms except in accordance with an order in
terms of subsection (3), or with the approval of an inspector.
(2) Where an inspector is of the opinion that any silkworms are diseased, he may, by order in writing to the
rearer of the silkworms—
(a) prohibit the removal of the silkworms from the place where they are situated, until the disease has been
shown, to the satisfaction of the inspector, to have been eradicated; and
(b) direct the rearer to take such measures as may be specified in the order to eradicate the disease and to
prevent its spread to other silkworms.
(3) If an inspector certifies to the Minister in writing that any silkworms are diseased and, in his opinion, are
a danger to other silkworms and ought to be destroyed, the Minister may, by order in writing, direct the rearer to
destroy them in such manner and within such period as may be specified in the order.
(4) If a person to whom an order has been given in terms of subsection (3) fails to destroy the silkworms concerned
in compliance with such order, an inspector may destroy the silkworms at the expense of that person.
(5) Any person who contravenes—
(a) subsection (1); or
(b) any provision of an order in terms of subsection (2) or (3) with which it is his duty to comply;
shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not
exceeding six months or to both such fine and such imprisonment.
[Subsection as amended by section 4 of Act No. 22 of 2001]
PART IV
GENERAL
10 Inspectors
(1) Subject to the laws relating to the Public Service, the Minister may designate persons as inspectors for the
purposes of this Act.
(2) A person designated as an inspector in terms of subsection (1) shall be issued with a written authority
signed by or on behalf of the Minister stating that he has been designated as an inspector.
(3) An inspector shall forthwith produce for inspection the written authority issued to him in terms of subsection
(2) if he is requested to do so by any person affected by the exercise of his functions in terms of this Act.
11 Powers of police officers and inspectors
(1) A police officer or an inspector may, if he has reasonable grounds for believing that it is necessary to do
so for the prevention, investigation or detection of an offence in terms of this Act—
(a) at all reasonable times, enter and search any premises in which there are known, or reasonably suspected,
to be any silkworms, silkworm seed, cocoons or raw silk or any documents or articles relating
thereto;
(b) stop and search any vehicle known to contain or reasonably suspected of containing silkworms, silkworm
seed. cocoons or raw silk;
(c) require any person known to be, or reasonably suspected of being, a breeder, rearer, reeler, twister or
buyer of raw silk to produce for inspection any document relating to the breeding or rearing of silkworms
or the production of raw silk;
(d) for as long as may be necessary for the purposes of any examination, investigation, trial or inquiry, take
possession of any document or article relating to the breeding or rearing of silkworms or the production
of raw silk:
Provided that, if any such article cannot reasonably be removed by the police officer or inspector,
he may declare it to be secured in the place where he found it;
(e) require any person reasonably suspected of having committed an offence in terms of this Act, or any
person who may be able to supply information in connection with a suspected offence, to give his name
and address.
(2) A police officer or inspector who takes possession of, or secures, any document or article in terms of subsection
(1) shall give a receipt to the person from whose custody such document or article has been taken, or in
whose premises the article has been secured, as the case may be.
(3) Any person who—
(a) without the written authority of a police officer or inspector, removes a secured article from the place in
which it has been secured in terms of subsection (1); or
(b) hinders or obstructs a police officer or inspector in the performance of his functions in terms of this Act;
shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not
exceeding six months or to both such fine and such imprisonment.
[Subsection substituted by section 4 of Act No. 22 of 2001]
12 Regulations
(1) The Minister may, by regulation, prescribe all matters which by this Act are required or permitted to be
prescribed or which, in his opinion, are necessary or convenient to be prescribed for carrying out or giving effect
to this Act.
(2) Regulations made in terms of subsection (1) may provide for any of the following matters—
(a) the orderly breeding and rearing of silkworms and the orderly marketing of cocoons and raw silk;
(b) the prices payable for silkworm seed, cocoons or raw silk;
(c) the varieties and, where necessary, the quantities of silkworms to be reared in any area;
(d) the importation and exportation of silkworm seed;
(e) the exportation of cocoons or raw silk;
(f) the maximum area in which any breeder or rearer may breed or rear silkworms during any period;
(g) the standards of quality, classification, grading and placing of any silkworm seed, cocoons or raw silk
which may be sold by any person;
(h) the keeping by breeders, rearers, reelers, twisters, buyers or any other person, of—
(i) any record, book or document in respect of his transactions in silkworms, silkworm seed, cocoons
on raw silk;
(ii) any consignment or delivery note relating to the movement of silkworms, silkworm seed, cocoons
or raw silk;
(iii) the forms and manner of issue of any documents required under this Act.
(3) Regulations made in terms of subsection (1) may provide for penalties for the contravention thereof, but
no such penalty shall exceed a fine of level four or imprisonment for a period of three months or both such fine
and such imprisonment.
[Subsection as amended by section 4 of Act No. 22 of 2001]

189.33 KB 175 downloads

CHAPTER 16:06

STATE SERVICE (PENSIONS) ACT

Acts 30/1971, 73/1971, 11/1973 (s. 16), 4/1974 (s. 28), 24/1975 (s. 8), 42/1977 (s. 8), 24/1987 (s. 13); S.I.s 566/1979, 849/1980, 655/1983, 41/1984, 257/1985, 286/1986, 39/1987, 179/1993, 6/2000 (s.151), 6/2005 (s. 34)

ARRANGEMENT OF SECTIONS

Section

1. Short title.
3. Application of Act.
4. Pensions and other benefits to be prescribed.
5. Pensionable service and arrear contributions.
6. Transfer or secondment of contributors.
7. Date pension becomes payable.
8. Commutation of pension of former contributor.
9. Temporary commutation of pension of former non-contributor.
10. Proof of age, marriage and date of death.
11. Payment of pensions in respect of step-children.
12. Pensions and other benefits not to be pledged or ceded, etc.
13. Insolvency of pensioner.
14. Suspension of pension.
15. Suspension, reduction or forfeiture of pension or gratuity.
16. Deduction from pension, gratuity, refund of contributions or other benefit.
17. Regulatory powers.
18. Make-up of benefits.
19. Benefits to be paid from Consolidated Revenue Fund.

SCHEDULE

Repealed Legislation.

AN ACT to provide for the payment of pensions, gratuities and other benefits to or in respect of persons employed by the State on retirement, discharge, resignation, death or other termination of service; and to provide for other matters connected with or incidental to the foregoing.

[Date of commencement: 1st July, 1971.]

1    Short title

This Act may be cited as the State Service (Pensions) Act [Chapter 16:06].

                       2    Interpretation

(1) In this Act—

“child” means an unmarried son or daughter under the age of eighteen years, and includes—

• a posthumous child, a stepchild, and a child legally adopted; and
• subject to subsection (2), an illegitimate child;

“contribute” means pay contributions to the Consolidated Revenue Fund in terms of this Act;

“contributions” means the amounts contributed by a contributor to the Consolidated Revenue Fund in terms of this Act or any other law and includes any amounts paid by a contributor—

• in respect of a period of service which is recognized in terms of subsection (3) of section five or was recognized under the corresponding provision of the former pensions law as being continuous; or
• as arrear contributions in respect of service with the State; but does not include any interest paid in respect of the amounts referred to in paragraphs (a) and (b); “contributor” means a person who is contributing;

“fixed date” means the 1st July, 1971;

“former pensions law”, in relation to a member referred to in paragraph (a) of subsection (1) of section three, means the law relating to pensions which was applicable to him immediately before the fixed date; “interest” means interest compounded annually;

“medical board” means a board of two or more medical practitioners registered in terms of the Health Professions Act [Chapter 27:19] appointed by the Minister for the purposes of this Act;

[Definition amended by section 151 of Act 6 of 2002]

“member” means a person who is employed full-time in a uniformed force;

“Minister” means the Minister of Finance or any other Minister to whom the President may, from time to time, assign the administration of this Act;

“non-contributor” means a member who is not a contributor;

“pensioner” means a person who is in receipt of a pension in terms of this Act and was a member immediately before he became entitled to that pension;

“uniformed force” means—

• the Regular Force of the Police Force; or
• the Regular Force of the Army, the Air Force or the Guard Force; or (c) the Prison Service.

(2) The Public Service Commission, the Police Service Commission, the Prison Service Commission or the

Defence Forces Service Commission, as the case may be, may from time to time determine—

• the conditions subject to which it will recognize any unmarried person under the age of eighteen years as the illegitimate child of a member or pensioner; and
• the circumstances in which and the conditions subject to which any benefit may be paid in terms of this Act or any applicable regulations to or in respect of a person recognized by the Commission concerned as the illegitimate child of a member or pensioner;

and may at any time amend or revoke any such determination.

                       3    Application of Act

(1) The provisions of this Act shall apply to all persons who—

• on the fixed date are employed by the State in a uniformed force, including any such persons who are, at the fixed date, on secondment to an approved service; or
• are appointed after the fixed date to employment in a uniformed force.

(2) For the avoidance of doubt, it is declared that, if provision is made in pursuance of subsection (5) of section 48 of the Constitution applying, with such modifications as are deemed necessary or expedient, all or any of the provisions of this Act to persons appointed to the staff of Parliament, effect shall be given to those provisions as applied as if those persons were members.

                       4     Pensions and other benefits to be prescribed

The Minister shall prescribe the pensions, gratuities or other benefits which shall be payable to members on their retirement, discharge, resignation or other termination of office and to the widows, children or dependants of such members or former members, or to their estates, on their death whilst in the employment of the State or after the termination thereof whilst in receipt of a pension:

Provided that in prescribing such benefits the Minister may—

• provide that no pension, gratuity or other benefit shall be payable to or in respect of a member until he has completed a specified period of service with the State;
• provide that a pension shall be payable to a member with effect from the date he attains a prescribed age, whether or not his service with the State is thereupon terminated; (c) make no provision in respect of particular classes of members.

                       5     Pensionable service and arrear contributions

• Subject to this Act, the pensionable service or pensionable employment with respect to which any pension or other benefit is to be calculated shall be as prescribed.
• Regulations made in terms of section seventeen—
• shall prescribe that pensionable service includes any period in respect of which contributions have been paid; and
• may prescribe that, subject to the payment of contributions or arrear contributions, pensionable service includes—
  • time spent on attachment or secondment to any other service;
  • any period spent undergoing national service or training for an approved qualification;
  • any previous service with the State before he became a contributor, whether such previous service is continuous with his service as a contributor or has been interrupted;
  • any period of service or employment otherwise than in the service of the State;
  • any military service which—
    1. was recognized under the former pensions law as pensionable service in respect of the member concerned; or
    2. could have been recognized under the former pensions law which was applicable or which would have been applicable to that member had he been a member immediately be-

fore the fixed date and which the Minister declares shall be regarded as pensionable service in respect of the member concerned:

Provided that such regulations may provide that military service referred to in subparagraph (v) or any service with the State prior to the fixed date may be included as pensionable service without any contributions having been paid in respect thereof but any such service shall not be taken into account for the purpose of calculating qualifying service for a refund of contributions.

• Any amount which a contributor has elected to pay as arrear contributions in respect of any period of service or employment which is to be regarded as pensionable service shall, unless paid in full within one month from the date the election was made, be paid in such manner as may be determined by the Minister.
• In the event of the death, discharge, resignation or retirement of a contributor who has made an election referred to in subsection (3) before the amount payable by him in terms of that subsection has been paid, the balance of the amount so payable shall be set off against any pension, gratuity, refund of contributions or other benefit due to or in respect of the contributor under this Act or against any other moneys due to him by the State.
• For the purposes of subsection (4), the Minister may direct that a sufficient portion of the pension due to or in respect of the contributor may be commuted in accordance with the provisions of subsection (8), as read with subsection (1), of section eight, notwithstanding anything to the contrary contained in this Act.
• The period of pensionable service or pensionable employment shall be calculated by the month and any fraction of a month shall be disregarded.
• In the case of a member who is employed full-time in a uniformed force, if any previous service included in his pensionable service was service otherwise than in a uniformed force— (a) for the purpose of calculating—
  • any pension or other benefit which is payable to or in respect of the widow or any child of such person; or
  • any pension which is payable to such person on his discharge on the grounds of ill-health; the whole of such previous service shall be reckoned as pensionable service;

(b) for the purpose of calculating any pension which is payable to such person, other than a pension referred to in subparagraph (ii) of paragraph (a), only five-sixths of such service shall be reckoned as pensionable service.

92.18 KB 343 downloads

Sugar Production Control Act (Chapter 18:19)

AN ACT to provide for the control and regulation of the manufacture of sugar and the delivery of sugar cane for manufacture in Zimbabwe; to fix the price to be paid for sugar cane; and to provide for other matters connected with and incidental to the foregoing.

173.35 KB 1243 downloads

CHAPTER 18:20
TOBACCO INDUSTRY AND MARKETING ACT
TOBACCOMARKETING AND LEVY ACT
Acts 32/1977, 5/1988, 29/1990, 4/1991, 1/1994, 4/1994, 15/1994, 5/1997, 22/2001 (s. 4); S.I. 566/1979.
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1. Short title.
2. Interpretation.
PART II
TOBACCOMARKETING BOARD
3. Establishment of Tobacco Marketing Board.
4. Composition of Board.
4A. Chairman and vice-chairman of Board.
5. Term of office of member.
6. Disqualification for appointment as member.
7. Vacation of office by member.
8. Minister may require member to vacate office or suspend him.
9. Filling of vacancies.
10. Meetings and procedure of Board.
11. Committees of Board.
12. Remuneration and expenses of members and members of committee.
13. Right of certain officers to attend meetings of Board or committee.
14. Validity of decisions and acts of Board.
15. Contracts and instruments of Board.
PART III
FUNCTIONS AND POWERS OF BOARD
16. Functions of Board.
17. Powers of Board.
18. Reports of Board.
PART IV
FINANCIAL PROVISIONS RELATING TO BOARD
19. Funds of Board.
20. [Repealed]
21. Accounts of Board.
22. Audit of accounts of Board.
23. Powers of auditors.
PART V
REGISTRATION AND DUTIESOFGROWERS
24. Register of growers.
25. Registration.
26. Registration fee.
27. Allotment of registered numbers.
28. Only growers who are registered to sell tobacco.
29. Marking of registered numbers on bales.
30. Failure of registered grower to furnish return.
31. Delivery by registered grower of tobacco in excess of delivery quota.
32. Cancellation of registration of grower.
PART VI
LICENSING OFGRADERS
33. Graders to be licensed.
34. Application for graders licence.
35. Cancellation or suspension of graders licence.
PART VII
LICENSING OF BUYERS
36. Buyers to be licensed.
37. Application for buyers licence.
38. Cancellation or suspension of buyers licence.
PART VIII
LICENSING OFAUCTION FLOORS
39. Board to license auction floors.
40. Auction tobacco to be sold only on licensed auction floor.
41. Application for auction floor licence.
42. Cancellation or suspension of auction floor licence.
43. Conditional authority for auction floor licence.
PART IX
SALE OF TOBACCO ON LICENSED AUCTION FLOORS
44. Auction tobacco to be sold on licensed auction floor.
45. Sale of auction tobacco grown within Zimbabwe.
46. Sale of auction tobacco grown outside Zimbabwe.
47. Delivery to licensed auction floors of auction tobacco which was grown in previous growing season.
48. Auction tobacco to be sold only on sale days in the selling season, etc.
49. Deductions from purchase price of auction tobacco.
50. Charges of holders of auction floor licences.
51. Disposal of auction tobacco which is left unsold.
52. Supervision, suspension and prohibition of sales on licensed auction floors.
PART X
IMPOSITION OFLEVY ONTOBACCO
53. Imposition of levy.
54. Prescribing of matters relating to levy.
55. Withdrawal or suspension of levy.
55A. Establishment of levy account.
55B. Disbursement of tobacco levy.
56. Objects of levy and levy fund.
57. Summary judgment for levy in criminal proceedings.
58. Recovery of levy.
PART XI
MARKETING QUOTAS AND POOLS
59. Control of marketing of tobacco of specified type or grade.
60. Evidence of amount of marketing quotas.
61. Establishment of pools.
62. Board may dispose of over-quota tobacco otherwise than through pools.
PART XII
GENERAL
63. Sale of tobacco other than auction tobacco.
64. Marketing of tobacco which is not of prescribed variety prohibited.
65. Limitations on use of remedies.
66. Destruction of tobacco which is not of prescribed variety or which is treated with an unauthorized remedy.
67. Powers of inspectors in connection with tobacco which is not of prescribed variety or which is treated with an
unauthorized remedy.
68. Authorization of growing or marketing of tobacco which is not of prescribed variety.
69. Appointment of inspectors.
70. Proceedings on failure of Board to comply with Act.
71. Fixing of minimum prices at which tobacco may be sold.
72. Fixing of minimum price at which tobacco stems may be sold.
73. Duties of licensed buyers.
74. Resale of tobacco bought for the local market below the appropriate minimum price.
75. Destruction of tobacco which remains unsold.
76. Manufacture, etc., of auction tobacco not sold on licensed auction floors prohibited.
77. Certain returns to be confidential.
78. Period of validity of licences.
79. Fees payable on issue of authorities, licences or permits by Board.
80. Regulatory powers of Minister.
81. General offences and penalties.
SCHEDULE
SCHEDULE: Powers of Board.
AN ACT to provide for the control and regulation of the tobacco industry in Zimbabwe, the promotion
of the export of tobacco from Zimbabwe and the imposition of a levy on tobacco grown or sold in Zimbabwe;
to control the use of agricultural remedies on tobacco and tobacco plants or lands; to provide for
the establishment of the Tobacco Industry and Marketing Board and to prescribe its functions and
powers; and to provide for matters incidental to or connected with the foregoing.
[Date of commencement: 1st January, 1978.]
PART I
PRELIMINARY
1 Short title
This Act may be cited as the Tobacco Industry and Marketing Act [Chapter 18:20].
[Section amended by Act 5 of 1997]
2 Interpretation
(1) In this Act—
“auction floor” means premises for the sale of auction tobacco;
“auction tobacco” means tobacco which is declared in terms of subsection (2) to be auction tobacco;
“Board” means the Tobacco Industry and Marketing Board established by section three;
[Definition amended by Act 5 of 1997]
“buyer” means a person who buys unmanufactured tobacco;
“financial year” means the period of twelve months ending on the 31st December;
“grader” means a person who for a fee carries out the operation of grading or regrading tobacco for the grower
thereof or his agent on premises other than the premises of such grower;
“grower” means a person who, by himself or his agents, grows tobacco;
“inspector” means a person appointed as an inspector in terms of section sixty-nine;
“levy” means a levy imposed in terms of section fifty-three;
“licensed”, in relation to—
(a) a grader, means licensed in terms of Part VI;
(b) a buyer, means licensed in terms of Part VII;
(c) an auction floor, means licensed in terms of Part VIII;
“manufacture”, in relation to tobacco, means to subject the tobacco to any process or treatment other than a
process which is necessary—
(a) for preparing the tobacco for sale to a licensed buyer; or
(b) in the preparation of the tobacco for resale in the form of leaf tobacco, strip tobacco, tipped or
thrashed tobacco, stem tobacco or scrap tobacco;
“mass”, in relation to tobacco, means the mass known in the usage of the trade as wet mass of leaf, scrap or strip
tobacco, as the case may be;
“member” means the chairman or any other member of the Board;
“Minister” means the Minister of Agriculture or any other Minister to whom the President may, from time to
time, assign the administration of this Act;
“over-quota tobacco” means tobacco of a type or grade specified in terms of section fifty-nine which is produced
by a registered grower in excess of the marketing quota allotted to him in terms of that section in respect of
tobacco of that type or grade;
“pool tobacco” means tobacco which is, or the proceeds of which are, collected or required to be collected into a
pool in terms of Part XI;
“recognized Buyers Association” means such association of buyers, represented by its governing body, as the
Minister may recognize for the purposes of a provision of this Act in which the term appears;
“recognized Growers Association” means such association of growers, represented by its governing body, as the
Minister may recognize for the purposes of a provision of this Act in which the term appears;
“registered”, in relation to a grower, means registered on the register kept in terms of section twenty-four which
is current for the time being;
“remedy” means a remedy as defined in section 2 of the Fertilizers, Farm Feeds and Remedies Act [Chapter
18:12];
“Research Board” means the Tobacco Research Board established by section 3 of the Tobacco Research Act
[Chapter 18:21];
“sales supervisor” means a person appointed by the Board to supervise sales of auction tobacco;
“selling season” means the period in each year fixed by the Board during which auction tobacco may be sold;
“tobacco” means unmanufactured tobacco but does not include tobacco stems;
“tobacco levy account” means the tobacco levy account established in terms of section fifty-five A;
[Definition inserted by Act 5 of 1997]
“tobacco stem” means the mid-rib of the tobacco leaf.
(2) The Minister, on the recommendation of the Board, may, by statutory instrument, declare any type of tobacco
to be auction tobacco.
(3) The Minister may recognize two or more associations of buyers or associations of growers for the purposes
of a particular provision of this Act.
PART II
TOBACCOMARKETING BOARD
3 Establishment of Tobacco Marketing Board
There is hereby established a board, to be known as the Tobacco Industry and Marketing Board, which shall be a
body corporate and shall, in its corporate name, be capable of suing and being sued and, subject to this Act, of performing
all such acts as bodies corporate may by law perform.
[Definition amended by Act 5 of 1997]
4 Composition of Board
(1) The Board shall consist not less than eight and not more than eleven members who shall be appointed by the
Minister after consultation with the President and in accordance with any directions the President may give him.
(2) Of the members appointed in terms of subsection (1), at least one shall be a member of the Public Service
employed in the Ministry for which the Minister is responsible.
(3) Members shall be appointed for their ability and experience in agriculture, business or administration or their
suitability otherwise for appointment as members.
[Section substituted by Act 5 of 1997]
4A Chairman and vice-chairman of Board
(1) The Minister shall designate one member as chairman of the Board.
(2) The members shall elect one of their number as vice-chairman of the Board.
(3) the vice-chairman of the Board shall exercise the functions of the chairman during any period that the chairman
is unable to do so.
[Section substituted by Act 5 of 1997]
5 Term of office of member
A member shall hold office for a period of three years:
Provided that the Minister may, on the appointment of a member, direct that he shall hold office for such lesser
period as the Minister may fix.
6 Disqualification for appointment as member
The Minister shall not appoint a person as a member and no person shall be qualified to hold office as a member
who has—
(a) in terms of a law in force in any country—
(i) been adjudged or otherwise declared insolvent or bankrupt and has not been rehabilitated or discharged;
or
(ii) made an assignment to, or arrangement or composition with, his creditors which has not been
rescinded or set aside;
or
(b) within the period of five years immediately preceding the date of his proposed appointment, been sentenced
to a term of imprisonment of or exceeding six months imposed without the option of a fine and has not received
a free pardon.
7 Vacation of office by member
A member shall vacate his office and his office shall become vacant—
(a) one month after the date he gives notice in writing to the Minister of his intention to resign his office or
after the expiration of such shorter period as he and the Minister may agree; or
(b) on the date he begins to serve a sentence of imprisonment the term of which is not less than six months,
whether or not any portion has been suspended, imposed without the option of a fine in any country; or
(c) if he becomes disqualified in terms of paragraph (a) of section six to hold office as a member; or
(d) if he is required in terms of section eight to vacate his office; or
(e) if he is absent from three consecutive meetings of the Board of which he has had notice, without the permission
of the Board.
8 Minister may require member to vacate office or suspend him
(1) The Minister may require a member to vacate his office if the Minister is satisfied that the member—
(a) has been guilty of improper conduct as a member; or
(b) is mentally or physically incapable of efficiently performing his duties as a member.
(2) The Minister may suspend from office a member against whom criminal proceedings are instituted for an offence
in respect of which a sentence of imprisonment without the option of a fine may be imposed and, whilst that
member is so suspended, he shall not carry out any duties or be entitled to any remuneration or allowances as a
member.
9 Filling of vacancies
On the death of, or the vacation of office by, a member, the Minister may appoint a person chosen in the same
way as the member was chosen to fill the vacancy until the expiration of the period during which the member would,
but for his death or the vacation of his office, have continued in office.
10 Meetings and procedure of Board
(1) The Board shall meet for the dispatch of business and, subject to this section, adjourn, close and otherwise
regulate its meetings and proceedings as it thinks fit.
(2) The chairman of the Board may himself at any time and shall, at the request in writing of not less than two
members, convene a special meeting of the Board.
(3) If, at a meeting of the Board, the chairman is absent, the members present shall appoint one of their number
to preside at that meeting as chairman.
(4) At any meeting of the Board, a majority of the members shall form a quorum.
[Subsection substituted by Act 5 of 1997]
(5) All acts, matters or things authorized or required to be done by the Board may be decided by a majority vote
at a meeting of the Board at which a quorum is present.
(6) At all meetings of the Board each member present shall have one vote on a question before the Board and, in
the event of an equality of votes, the chairman shall have, in addition to a deliberative vote, a casting vote.
11 Committees of Board
(1) For the better exercise of its functions and powers the Board may establish one or more committees in

85.83 KB 119 downloads

www.lw.co..zw
CHAPTER 18:21
TOBACCO RESEARCH ACT
Acts 1/1955 (Federal), 17/1956 (Federal), 15/1957 (Federal), 57/1972 (s. 34), 39/1973 (ss. 48 and 53), 61/1973 (s. 11),
29/1990; R.G.N. 630/1963; S.I. 566/1979.
ARRANGEMENT OF SECTIONS
Section
1. Short title.
2. Interpretation.
3. Establishment of Board.
4. Functions of Board.
5. Composition of Board.
6. Terms of office of members and filling of vacancies.
7. Procedure.
8. Powers of Board.
9. Executive committee.
10. Funds of Board.
11. Accounts, audit and reports.
12. Financial year.
AN ACT to make provision for the direction and maintenance of research in connection with tobacco
and to provide for matters incidental thereto.
[Date of commencement:1st April, l955.]
1 Short title
This Act may be cited as the Tobacco Research Act [Chapter 18:21].
2 Interpretation
In this Act—
“Board” means the Tobacco Research Board established by section three;
“Minister” means the Minister of Agriculture or any other Minister to whom the President may, from time to
time, assign the administration of this Act;
“tobacco” means—
(a) unmanufactured flue-cured tobacco;
(b) such other classes or types of unmanufactured tobacco as the Minister may declare by statutory instrument
to be tobacco for the purposes of this Act;
“tobacco research” means—
(a) research and investigation work of any kind in connection with tobacco, including research work in
connection with insect pests of tobacco, bacterial, fungoid and virus diseases and other pests of tobacco; and
(b) engineering experiments in the planting, handling and curing of tobacco; and
(c) advice and assistance to any person growing tobacco in relation to the growing and curing of tobacco and in
connection with insect pests of tobacco, bacterial, fungoid and virus diseases and other pests of tobacco.
3 Establishment of Board
There is hereby established a board to be known as the Tobacco Research Board, which shall be a body corporate
capable of suing and being sued in its corporate name and, subject to this Act, of performing all such acts as a body
corporate may by law perform.
4 Functions of Board
The functions of the Board shall be to direct, control and carry out tobacco research within Zimbabwe and,
subject to the approval of the Minister, such tobacco research outside Zimbabwe as it considers expedient.
5 Composition of Board
(1) Subject to subsection (4), the Board shall consist of seven members, who shall be appointed by the Minister
after consultation and in accordance with any directions the President may give him and shall be selected in the
following manner—
(a) two members shall be officers of the Ministry for which the Minister is responsible;
(b) three members shall represent flue-cured Virginia tobacco growers in Zimbabwe and shall be selected by the
Minister from a panel of not less than four names to be submitted to him by the council of the Zimbabwe
Tobacco Association;
(c) two members shall represent tobacco buyers in Zimbabwe and shall be selected by the Minister from a panel
of not less than four names to be submitted to him by the Tobacco Trade Association of Zimbabwe.
(2) To each member of the Board referred to in paragraph (a) or (c) of subsection (1) and to all the members
referred to in paragraph (b) of subsection (1) the Minister may appoint an alternate member selected as such member
was or, as the case may be, such members were selected.
(3) An alternate member shall act as a member only when a member to whom he is alternate is unable to perform
his duties as a member and when so acting shall have all the powers of such member, other than the powers of the
chairman.
(4) The Board shall have power to add to its number such persons as the Board may, with the approval of the
Minister, select.
6 Terms of office of members and filling of vacancies
(1) Each member of the Board shall hold office for such period, not exceeding three years, as the Minister may
fix, and on the expiry of his period of office shall be eligible for reappointment.
(2) The office of a member of the Board shall be vacated—
(a) if, in terms of the law in force in any country, he has—
(i) been adjudged or otherwise declared insolvent or bankrupt and has not been rehabilitated; or
(ii) made an assignment to or arrangement with his creditors which has not been rescinded or set aside;
or
(b) if he is absent from three consecutive meetings of the Board without the permission of the Board; or
(c) if he gives one month’s notice in writing to the Minister of his intention to resign his office and his
resignation is accepted by the Minister; or
(d) if he becomes mentally or physically incapable of performing his duties as a member.
(3) When a member’s office, other than the office of a member appointed in terms of subsection (4) of section
five, is vacated, the Minister shall appoint a person selected as such member was selected to fill the vacancy until the
expiration of the period during which such member would, but for the vacation of his office, have continued in office.
(4) Alternate members of the Board, shall be paid from the funds of the Board for each meeting they attend such
remuneration as the Minister may approve.
(5) The chairman and members of the Board, shall be paid from the funds of the Board such remuneration as may
be approved by the Minister on the recommendation of the Board.
(6) The members of the Board, including alternate members, shall be paid from the funds of the Board such
allowances as the Minister may deem fit to meet any reasonable expenses incurred by them in connection with the
business of the Board.
7 Procedure
(1) The Board shall meet for the dispatch of business, adjourn and otherwise regulate its meetings and
proceedings as it thinks fit.
(2) The Board shall elect one of its members as chairman and another as deputy chairman.
(3) If the chairman is absent from any meeting, the deputy chairman may exercise all the powers and shall
discharge all the duties of the chairman at such meeting.
(4) If the chairman and the deputy chairman are absent from any meeting, the members present shall choose one
of their number to be chairman for such meeting, and the member so chosen may exercise all the powers and shall
discharge all the duties of the chairman at such meeting.
(5) The chairman of the Board may himself at any time and shall, at the request of any other member of the
Board, call a special meeting of the Board.
(6) The decision of the majority of the members of the Board present at any meeting shall constitute the decision
of the Board:
Provided that in the event of an equality of votes at any meeting, the chairman shall have a casting vote in
addition to his deliberative vote.
(7) At any meeting of the Board four members thereof shall form a quorum.
8 Powers of Board
In the performance of its functions, the Board shall have power to do all or any of the following acts—
(a) to appoint and employ such professional, technical and administrative officers, clerks and other employees
as it considers necessary;
(b) to pay any person in its employ such salary, wages or other remuneration as it thinksfit, and to grant him
such leave as it thinks fit;
(c) to provide for persons in its employ or their dependants, by means of insurance with an insurance company
or a pension or provident fund or in any other manner whatsoever, pecuniary benefits upon retirement, death
or termination of service or in the event of sickness or injury;
(d) subject to the Audit and Exchequer Act [Chapter 22:03], to raise moneys by way of loan or bank overdraft
in such amounts and for such purposes as the Minister may approve;
(e) to purchase, take on lease or in exchange, hire or otherwise acquire any movable or immovable property and
any rights, including patent rights, or privileges which the Board considers necessary or expedient for the
purpose of conducting tobacco research;
(f) to construct, maintain, alter and improve any buildings, works, machinery and plant necessary or expedient
for the purpose of conducting tobacco research;
(g) to work or otherwise beneficially use or to exchange, let, sell or hypothecate any of the property, rights or
privileges acquired or constructed under paragraph (e) or (f);
(h) subject to the Audit and Exchequer Act [Chapter 22:03], to invest and deal with any moneys of the Board
not immediately required in such securities and in such manner as it thinks fit and to vary or realize such
investments;
(i) to issue tobacco seed to persons in or outside Zimbabwe for the purpose of tobacco research;
(j) to purchase limited quantities of tobacco which may be required for the purpose of tobacco research from
persons in or outside Zimbabwe;
(k) to sell any produce of land in its possession;
(l) to invite and receive donations from any person towards the expenses of tobacco research and to make
donations and grants in such amounts and for such purposes as the Minister may approve;
(m) to do all things incidental or conducive to the exercise or enjoyment of the rights, interests and powers
conferred and to the performance of the obligations imposed upon it by this Act;
(n) to purchase, take on lease or in exchange or otherwise acquire dwelling-houses for occupation by persons in
its employ;
(o) to purchase land and construct thereon dwelling-houses for occupation by persons in the its employ;
(p) to sell or lease dwelling-houses and land for residential purposes to persons in its employ;
(q) on such terms and conditions as the Board may, with the approval of the Minister and the Minister
responsible for finance, fix—
(i) to advance money to persons in its employ for the purchase of dwelling-houses or land for
residential purposes, the construction of dwelling-houses, the improvement of dwelling-houses or
land which are the property of persons in its employ and the discharge of existing liabilities thereon;
and
(ii) to guarantee loans made to persons in its employ or their spouses for the purchase of dwellinghouses
or land for residential purposes, the construction of dwelling-houses and the improvement of
dwelling-houses or land which are the property of persons in its employ or their spouses; and
(iii) to provide security in respect of loans such as are described in subparagraph (ii) by the deposit of
securities in which the Board is hereby authorized to invest such moneys it considers necessary for
the purpose.
9 Executive committee
(1) The Board may appoint an executive committee, consisting of four of its members, and may delegate to that
committee such of its powers as it may from time to time determine.
(2) At any meeting of the executive committee two members thereof shall form a quorum.
10 Funds of Board
The funds of the Board shall consist of—
(a) all such grants, donations, loans and revenue as may be payable to the Board;
(b) such sums as may be paid to it on the direction of the Minister from moneys appropriated by Parliament for
the purpose.
11 Accounts, audit and reports
(1) The Board shall cause to be kept proper books of account and other books in relation thereto.
(2) The accounts of the Board shall be audited annually by auditors appointed by the Board. The expenses of the
audit and incidental thereto shall be paid from the funds of the Board.
(3) The Board may, in addition to the reports submitted by it in terms of the Audit and Exchequer Act [Chapter
22:03], submit to the Minister such other reports in regard to tobacco research as it considers advisable.
12 Financial year
The financial year of the Board shall be the period of twelve months ending on the 30th June.

100.39 KB 185 downloads

Acquisition of Farm Equipment or Material Act (Chapter 18:23)

AN ACT to provide for the acquisition of farm equipment or material not being used for agricultural purposes; to amend section 5 of the Land Acquisition Act [Chapter 20:10]; and to provide for matters connected with or incidental to the foregoing.

[Date of commencement : 3rd September, 2004]

145.06 KB 773 downloads

Agricultural Marketing Authority Act (Chapter 18:24)

AN ACT to establish the Agricultural Marketing Authority to regulate, supervise, develop and administer the marketing of agricultural products; to confer powers on the Authority to supervise any statutory body charged with the marketing of specific agricultural products; to provide for the constitution and functions of a board of the Authority; to provide for the establishment of an Agricultural Marketing Fund for the development of the marketing of agricultural products; to provide for the imposition and collection of levies on producers, buyers and processors of agricultural products; to provide for the administration and disbursement of moneys from the Fund; to provide for the fixing of standards of quality and other matters relating to agricultural products produced in Zimbabwe; to repeal the Agricultural Products Marketing Act [Chapter 18:22]; and to provide for matters connected with or incidental to the foregoing.

[Date of commencement: 1st June, 2005.]