Tobacco Industry And Marketing Act [Chapter 18:20]

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 [Repealed]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