TOBACCO ACT
Arrangement of Sections
Section
PART I
PRELIMINARY
1. Short title
2. Interpretation
PART II
ESTABLISHMENT OF TOBACCO BOARD
3. Establishment of Tobacco Board of Zambia
4. Composition of Board
5. Alternate appointments to Board
6. Tenure of office and vacancies
7. Meetings of Board
8. Committees of Board
9. Member to declare connection with companies and firms dealing with Board
10. Appointment of secretary to Board
11. Tobacco inspectors
12. Powers of inspector
13. Contracts and instruments of Board
PART III
FUNCTIONS, DUTIES AND POWERS OF THE BOARD
14. Functions and duties of Board
15. Powers of Board
16. Power of Minister on default of Board
17. Reports of Board
PART IV
FUNDS OF THE BOARD
18. Funds of Board
19. Payments to Board from money appropriated by Parliament
20. Statement of revenue and expenditure of Board to be submitted
21. Accounts of Board
22. Appointment of auditors and audit of accounts of Board
23. Duties of auditors
PART V
REGISTRATION OF GROWERS
24. Register of growers
25. Registration periods and duration of registration
26. Growers to be registered
27. Registration fees
28. Allotment of registered numbers to growers, licensed buyers, etc.
29. Prohibition against disclosure of identity of registered growers
30. Only registered growers to sell or export tobacco on consignment
31. Marking of bales of auctionable tobacco
32. Marking of bales of non-auctionable tobacco
33. Board agent of registered grower for disposal of surplus or unsold tobacco
34. Failure to furnish prescribed returns by registered grower
35. Cancellation of registration
36. Appeal to Minister
PART VI
LICENSING OF GRADERS
37. Licensing of graders
38. Application for grader's licence
39. Cancellation and suspension of grader's licence
40. Appeal to Minister
PART VII
LICENSING OF BUYERS
41. Licensing of buyers
42. Application for buyer's licence
43. Nominated agents
44. Grounds of refusal to issue and conditions attaching to buyer's licence
45. Appeal to Minister
46. Buyer's licence to specify particulars
47. Minister may prescribe conditions of sale at primary level
48. Cancellation and suspension of buyer's licence
49. Appeal to Minister
PART VIII
LICENSING OF AUCTION FLOORS
50. Licensing of auction floors
51. Appeal to Minister
52. Prohibition against sale of auctionable tobacco on unlicensed auction floors
53. Cancellation and suspension of auction floor licences
54. Appeal to Minister
55. Conditional authorities for building or extending auction floors
56. Issue of conditional authorities
57. Conditions on issue of conditional authority
58. Licensing of improvements
PART IX
SALE OF TOBACCO
59. Auctionable and non-auctionable tobacco
60. Prohibition against sale of auctionable tobacco otherwise than by auction
61. Prohibition against sale of non-auctionable tobacco by auction
62. Auctionable tobacco to be delivered to auction floor by registered grower
63. Delivery in excess of delivery quota
64. Import of auctionable tobacco for sale in Republic
65. Duties of auction floor licensee on sale of imported auctionable tobacco
66. Sale of auctionable tobacco grown in earlier season
67. Auctionable tobacco to be sold only on sales days in the selling season, etc.
68. Deductions from purchase price of auctionable tobacco
69. Weighing, selling and commission charges of holders of auction floor licences
70. Disposal of auctionable tobacco which is left unsold
71. Appointment of sales supervisors
72. Duties and powers of sales supervisors
73. Power of Minister to control sales of non-auctionable tobacco
74. Power of Minister to fix minimum prices for auctionable tobacco
75. Duties of licensed buyers on purchase of auctionable tobacco
76. Prohibition against resale of auctionable tobacco bought at less than internal market minimum price
77. Prohibition against manufacture or keeping of auctionable tobacco not sold on licensed auction floors
PART X
MARKETING QUOTAS AND POOLS
78. Control of marketing of tobacco of specified class or grade
79. Evidence of amount of marketing quotas
80. Establishment of pools
81. Power of Board to dispose of surplus tobacco otherwise than through pools
82. Prohibition against sale or export of surplus tobacco by grower except through Board
PART XI
PRESCRIBED VARIETIES OF TOBACCO
83. Power of Minister to prescribe varieties of tobacco
84. Prohibition against growing or selling tobacco not of prescribed variety
PART XII
EXPORT OF TOBACCO
85. Prohibition against export of tobacco by grower
86. Prohibition against export of tobacco
87. Power of Minister to permit export
88. Power of Minister to grant exemption from this Part
89. Export of sample
PART XIII
MISCELLANEOUS AND OFFENCES
90. Period of validity of licences issued by Board
91. Official documents to be produced to inspector
92. Failure to comply with Act, regulations or rules an offence
93. Secrecy
94. Prohibition against altering, defacing or removing official records
95. Prohibition against altering or defacing prescribed records
96. Prohibition against obstruction, etc., of inspectors or sales supervisors
97. Prohibition against failure to furnish returns, etc
PART XIV
PROCEEDINGS AND PENALTY
98. Venue of proceedings for offences
99. Penalty
PART XV
REGULATIONS
100. Regulations
PART XVI
TRANSITIONAL PROVISIONS
101. Savings
102. Dissolution of Tobacco Industry Board
103. Composition of Board pending appointment of members
104. Vesting of property in Board
105. Transfer of contractual rights to Board
106. Transfer of contractual and other liabilities to Board
107. Registration upon transfer of registered lands or interests
108. Proceedings not to abate
AN ACT
to provide for the promotion, control and regulation of the production, marketing and packing of tobacco in the Republic, the promotion and control of the export of tobacco from and import of tobacco to the Republic, the direction and promotion of research in connection with tobacco, and for incidental matters.
[1st April, 1968]
Act 64 of 1967,
Act 13 of 1994,
Act 46 of 1970.
PART I
PRELIMINARY
This Act may be cited as the Tobacco Act.
In this Act, unless the context otherwise requires—
"auction floor" means premises used for the sale by auction of auctionable tobacco;
"auctionable tobacco" means any class of tobacco which is prescribed as auctionable tobacco by the Minister pursuant to section 59 and as such is required to be sold by auction on a licensed auction floor;
"Board" means the Tobacco Board of Zambia established under the provisions of section 3;
"buyer" means any person who buys tobacco and includes any person who possesses land and who agrees with a third person to permit the said third person to produce tobacco on not more than 10 acres of the said land in consideration of the receipt of a share of the said crop when produced or of a share of the proceeds of its sale;
"delivery quota" means the quantity of auctionable tobacco determined by the Board which may be delivered by or on behalf of a registered grower for sale on any licensed auction floor in each delivery quota period;
"delivery quota period" means any period during which the Board permits the delivery of delivery quotas by registered grower to licensed auction floors;
"export on consignment" means the consignment of tobacco to an agent, factor or commission agent for purposes of sale outside the Republic;
"external market" means the demand for tobacco in any country outside the Republic;
"external market minimum price" means the minimum price fixed by the Minister, pursuant to section 74, for auctionable tobacco sold for the purposes of any external market;
"financial year", in relation to the Board, means any period of 12 months prescribed as such by the Minister;
"grader", in relation to tobacco, means any person who grades tobacco as a business or trade;
"grower", in relation to tobacco, means any person who grows tobacco for purposes of sale, or any person who is deemed to be a grower pursuant to section 26;
"inspector" means an inspector appointed pursuant to sub-section (1) of section 11;
"internal market" means the demand for tobacco for the purposes of manufacture in the Republic;
"internal market minimum price" means the minimum price fixed by the Minister, pursuant to section 74, for auctionable tobacco sold for the purposes of the internal market;
"licensed auction floor" means any auction floor licensed as such by the Board pursuant to Part VIII;
"licensed buyer" means any person licensed by the Board to buy tobacco pursuant to Part VII;
"licensed grader" means any person licensed by the Board to grade tobacco pursuant to Part VI;
"manufacture", in relation to tobacco, means to subject it to a process or treatment other than butting, thrashing, stripping or redrying, and cognate expressions shall be construed accordingly;
"marketing quota" means the weight of tobacco of a class, prescribed pursuant to section 78, which a registered grower may sell in the Republic or export on consignment during a period fixed by an order relating thereto made pursuant to that section;
"member" means a member of the Board;
"non-auctionable tobacco" means any class of tobacco which is prescribed as non-auctionable by the Minister pursuant to section 59, and as such is not required to be sold by auction on a licensed auction floor;
"Permanent Secretary" means the Permanent Secretary, Ministry of Agriculture;
"producer" means any grower not required to be personally registered as such under section 26;
"Registrar" means the secretary to the Board;
"sale at a primary or rural level" means the sale of tobacco by an individual producer or group of producers to a licensed buyer where it is intended that the said tobacco shall later be offered for sale to the trade by the buyer, whether as auctionable or non-auctionable tobacco, as the case may be;
"sales supervisor" means a person appointed by the Board, under the provisions of section 71, to supervise the sale of tobacco by auction on a licensed auction floor;
"selling season" means the period in each year fixed by the Board during which auctionable tobacco may be sold;
"surplus tobacco" means tobacco produced by a registered grower in excess of the marketing quota allotted to him pursuant to section 78;
"tobacco" means unmanufactured tobacco (including tobacco stems) of a class prescribed by the Minister pursuant to section 59;
"tobacco research" means—
(a) research and investigation of any kind in connection with tobacco, tobacco ecology, insect pests of tobacco, bacterial, fungoid and virus diseases and other pests of tobacco; and
(b) experiments in the planting, handling and curing of tobacco;
"tobacco stem" means the midrib of the tobacco leaf;
"weight" means the weight which is known in the usage of the trade as wet weight.
PART II
ESTABLISHMENT OF TOBACCO BOARD
3. Establishment of Tobacco Board of Zambia
There is hereby established a board to be known as the Tobacco Board of Zambia which shall be a body corporate with a common seal and capable of suing and being sued and, subject to the provisions of this Act, of doing all acts as a body corporate may by law perform.
(1) The Minister shall appoint the members of the Board.
(2) The Board shall consist of—
(a) one member chosen by the Minister who shall be designated as Chairman;
(b) one member representing the growers of Virginia flue-cured tobacco chosen by the Minister;
(c) one member representing the growers of Oriental tobacco chosen by the Minister;
(d) one member representing the growers of Burley tobacco chosen by the Minister;
(e) not more than three members representing the buyers of tobacco chosen by the Minister.
(3) The Minister may appoint to the Board such additional members as he deems essential to the Board in the exercise of its powers and functions.
(4) The Minister may permit the attendance of observers at any meeting of the Board, who shall have no voice in the proceedings of such meeting or any voting powers.
(5) No person shall be appointed a member or alternate member of the Board—
(a) while he is an undischarged bankrupt; or
(b) while he is serving a sentence of imprisonment upon conviction of an offence involving fraud or dishonesty.
5. Alternate appointments to Board
(1) The Minister may appoint to the Board as an alternate member to each of the members referred to in paragraphs (b), (c), (d) and (e) of sub-section (2) of section 4 a person chosen from the same category as the member to whom he is alternate was chosen.
(2) The Minister may appoint to the Board an alternate member to the Chairman.
(3) An alternate member referred to in this section—
(a) shall act as a member only when the member to whom he is alternate is unable to exercise his functions on the Board by reason of illness, absence from the Republic or other cause; and
(b) when acting as a member shall have all the powers and duties of the member to whom he is alternate including, in the case of an alternate member to the Chairman of the Board, the powers and duties of the Chairman.
(4) Alternate members may, when not acting under the provisions of sub-section (3), attend meetings of the Board as observers only but shall have no voting powers at any such meeting.
[S 5 am by Act 46 of 1970.]
6. Tenure of office and vacancies
(1) Members of the Board shall, subject to the provisions of this section, hold office for a period of two years.
(2) A retiring member shall be eligible for re-appointment.
(3) On the expiration of the period for which a member is appointed, he shall continue to hold office until his successor has been appointed but in no case shall such further period exceed three months.
(4) The office of a member or alternate member shall be vacated—
(a) upon his death;
(b) if he is adjudicated bankrupt;
(c) if he is absent from three consecutive meetings of the Board without the permission of the Board;
(d) upon the expiry of one month's notice in writing of his intention to resign his office given by him to the Minister;
(e) upon the expiry of one month's notice in writing given to him by the Minister;
(f) if he becomes mentally or physically incapable of performing his duties as such;
(g) if he is convicted of an offence and sentenced to imprisonment without the option of a fine.
(5) Whenever representation on the Board of any two or more of the categories of membership thereof provided for by sub-section (2) of section 4 becomes vacant, the Minister may perform all of the functions and duties of the Board until such time as, by appointment, such categories are duly represented, and all such appointments to the Board necessary to complete the representation of such categories shall, in such event, be made by the Minister within three months of the date of the vacancy last occurring before the Minister exercises his powers under this sub-section.
(6) Any member or alternate member who is not a public officer shall be paid out of the funds of the Board such remuneration and allowances, if any, as the Minister may, in his case, fix.
(1) Meetings of the Board shall be held at such places and times as the Chairman of the Board may determine and shall be convened by notice given by him:
Provided that the Chairman of the Board may, himself, at any time, and shall, at the request in writing of any two members of the Board, and within 14 days after the receipt of such request, convene a special meeting of the Board.
(2) A notice convening a special meeting of the Board shall state the purpose of such meeting.
(3) In the absence from any meeting of the Board of the person entitled to act as Chairman pursuant to this Act, the members present at that meeting may elect one of their members to be Chairman of that meeting.
(4) All decisions at any meeting of the Board shall be by resolution by majority vote of the members present thereat, and in the event of an equality of votes the Chairman shall have a casting vote in addition to his deliberative vote.
(5) A majority of the members of the Board with voting powers shall form a quorum.
(1) The Board shall establish and appoint the members of such committees as the Minister may prescribe to implement any of the Board's powers and functions and shall delegate to any such committee such of its powers as the Minister may deem necessary.
(2) The Board may establish and appoint the members of committees, other than those prescribed pursuant to sub-section (1), to carry out any special or general functions determined by the Board and may delegate to any such committee such of its powers as it may deem fit.
(3) —
(a) No person shall be appointed to any committee established under the provisions of sub-section (1) if he would be disqualified for membership of the Board.
(b) The Board, or the Minister in the case of any committee established pursuant to sub-section (1), shall appoint a chairman of each committee established under this section.
(c) Each committee may, with the approval of the Minister previously obtained, co-opt as member’s persons who are not members of the Board and who are not disqualified for membership of the Board.
(d) The Chairman of the Board shall be an ex officio member of all committees established pursuant to this section.
(4) Any committee appointed under the provisions of this section shall keep minutes of its meetings, and shall inform the Board and, in the case of a committee established pursuant to sub-section (1), the Minister, of its activities, and shall conduct its proceedings in such manner as may be prescribed.
(5) The Chairman of each committee may at any time and at any place convene a meeting of the committee of which he is Chairman.
(6) The Chairman of the Board may at any time and at any place convene a meeting of any committee.
[S 8 am by Act 46 of 1970.]
9. Member to declare connection with companies and firms dealing with Board
(1) If a member or his spouse—
(a) tenders for or acquires or holds any pecuniary interest in any contract with the Board; or
(b) knowingly acquires or holds any capital interest in a company or firm applying or negotiating for any contract with the Board; or
(c) owns any lands or any right or interest in, upon or over any lands or owns any other property whatsoever which ownership, because of any conflict of interest, or other circumstance, might be considered as prejudicial to the interests and rights of the Board or to his duties as a member;
the member shall, as soon as practicable after the relevant facts have come to his knowledge, declare the nature of his interest to the Chairman of the Board.
(2) This section shall not apply to a contract with the Board for the delivery, sale or disposal of tobacco, entered into by a member or his spouse, in which the member or his spouse receives no special advantage or preferential treatment.
10. Appointment of Secretary to Board
(1) Subject to the approval of the Minister, the Board shall appoint the Secretary to the Board.
(2) The Secretary to the Board shall be the Registrar for the purposes of this Act.
(1) Subject to the approval of the Minister, the Board shall appoint tobacco inspectors, who shall be inspectors for the purposes of this Act.
(2) The Board shall cause a certificate of authority to be issued to each inspector.
(3) An inspector shall produce for inspection his certificate of authority upon the demand of any person affected by the exercise by him of any of his powers under this Act.
An inspector may, for any of the purposes of this Act, and at all reasonable times, enter upon—
(a) any land, building, premises or vehicle which he has reasonable cause to believe is being used in the production, storage, grading, processing or sale of tobacco in contravention of this Act, and inspect the same and any tobacco growing thereon, and any harvested tobacco or any book, record or document found therein, and he may take, in the prescribed manner, samples of any such growing tobacco, and he may seize and detain any such vehicle, or harvested tobacco or any book, record or document found therein which would afford evidence of a contravention of this Act;
(b) any land, building, premises or vehicle of any registered grower, registered grader, licensed buyer or any licensed auction floor to inspect the same and, in the prescribed manner, to take samples of any tobacco growing thereon or of any harvested tobacco found therein if in his opinion any of the said growing or harvested tobacco is not of a prescribed variety and is being or has been grown on the said land or is being held in the said land, building, premises or vehicle in contravention of this Act and to report to the Board on his findings in that regard, and to inspect any book, record or other document found therein which would relate to any prescribed or required return furnished or to be furnished by any person by or under this Act, and to seize and detain any such book, record or other document which would afford evidence of a contravention of this Act.
13. Contracts and instruments of Board
Subject to the provisions of section 9, an agreement contract or other instrument may be entered into or executed on behalf of the Board by any person or persons authorised by the Board generally or specially in that behalf.
PART III
FUNCTIONS, DUTIES AND POWERS OF THE BOARD
14. Functions and duties of Board
The functions and duties of the Board shall, subject to the provisions of this Act, be to—
(a) promote, protect and maintain the production, sale, preparation for subsequent use and export of tobacco grown in the Republic;
(b) control and regulate the production, marketing and export of tobacco;
(c) carry out tobacco research;
(d) obtain and collate statistics relating to the production, marketing, manufacture and consumption of tobacco inside and outside the Republic;
(e) provide and operate such services and other facilities as may be necessary or convenient for the tobacco industry;
(f) advise the Minister on all matters relating to tobacco; and
(g) do all things which the provisions of this Act require to be done by the Board.
(1) The powers of the Board shall include every power granted by any express provision of this Act and also every express power enumerated in the Schedule, together with all implied powers necessary to the exercise of any such express power.
(2) The Board may exercise any of its powers, functions or duties either absolutely or conditionally and either solely or in conjunction with other persons, and in so doing may deal differently with different persons, premises and areas of the Republic and with different classes of tobacco and with different grades and varieties of those classes of tobacco and with different classes of persons, premises and other things.
16. Power of Minister on default of Board
If at any time it appears to the Minister that the Board is in default in the performance of any duty or obligation of the Board under this Act or under any regulation or requirement made thereunder, he may, by notice in writing, require the Board to make good its default within a time fixed by the Minister in the said notice.
(1) The Board shall, within six months after the end of each financial year, furnish to the Minister an annual report upon its work and operations during the year, and such report shall include a balance sheet, a complete statement of revenue and expenditure duly audited, the report of the auditors and such other information as the Minister may require.
(2) The Minister shall lay each such annual report before the National Assembly.
PART IV
FUNDS OF THE BOARD
The funds of the Board shall consist of—
(a) such sums as may be payable to the Board from money appropriated by Parliament for the purpose;
(b) such sums as may be payable to the Board pursuant to this or any other Act; and
(c) such other money or assets as may accrue to or vest in the Board, whether in the course of the exercise of its powers or functions or the performance of its duties or otherwise.
19. Payments to Board from money appropriated by Parliament
If, at any time, the funds referred to in section 18 are not sufficient to meet fully any lawful expenditure incurred by the Board in the exercise of its powers or functions or in the performance of its duties, the amount of such deficiency shall be met by advances made by the Minister out of money appropriated for the purpose by Parliament.
20. Statement of revenue and expenditure of Board to be submitted
The Board shall, before the commencement of each financial year, submit a detailed statement of estimated revenue and expenditure to the Minister for the following year for approval.
The Board shall keep proper books of account and other records in relation to all its respective operations, undertakings and property and, in addition, such other particular accounts and records in respect of any of its respective operations, undertakings and property as the Minister may direct.
22. Appointment of auditors and audit of accounts of Board
(1) The Board shall, with the approval of the Minister, appoint one or more persons who publicly carry on the profession of accountants, hereinafter referred to as auditors, to examine and report to the Board and to the Minister on its accounts not less than once in each financial year.
(2) In addition to the report referred to in sub-section (1), the Minister may require the Board to obtain from its auditors such other reports, statements or explanations in connection with operations, undertakings and property of the Board as the Minister may consider expedient.
(3) The Board shall produce and lay before its auditors all its books and accounts with all vouchers in support thereof and all books, papers and writings in its possession or control relating thereto.
(4) The auditors of the Board shall be entitled at all reasonable times to require from all members and persons in the employ of the Board such information and explanations as may be necessary for the performance of their duties as auditors.
It shall be the duty of the auditors of the Board to certify not less than once in each financial year whether or not—
(a) they have received from the Board all the information and explanations which, to the best of their knowledge and belief, were necessary for the performance of their duties as auditors; and
(b) the accounts of the Board have been properly kept; and
(c) the accounts of the Board present a true and fair view of its financial position according to the information and explanations given and the books and records produced to them; and
(d) the Board has complied with the provisions of this Part with which it is its duty to comply and with their requirements.
PART V
REGISTRATION OF GROWERS
The Registrar shall cause such registers of growers to be kept as are prescribed by the Minister.
25. Registration periods and duration of registration
The Minister may from time to time by regulation prescribe—
(a) registration periods in respect of classes of tobacco specified in such regulations within which growers or intended growers of any such specified classes of tobacco shall register under this Act;
(b) the duration of such registrations.
(1) Subject to the provisions of this section, any grower or any person who bona fide intends to grow tobacco shall be registered as a registered grower, which registration may be in respect of the growing of any particular class or classes of tobacco and shall be for the duration prescribed pursuant to paragraph (b) of section 25.
(2) —
(a) Where the Government or any Government agency assists tobacco producers in any area in the marketing of their tobacco, the Permanent Secretary may define such area as a specific area and may nominate a person to act on behalf of all of the said assisted producers for the purposes of this Act, and such person shall be deemed to be the grower of all of the tobacco produced or to be produced by such assisted producers in the said specific area, and shall register as such under this section. For the purposes of this sub-section, "Government agency" means the Board, the Bank of Zambia or any statutory body whose statutory objects include the giving of financial aid by way of grant or loan to farmers.
(b) Whenever any person is registered as a registered grower pursuant to paragraph (a), the assisted producers therein referred to shall be exempt from registration under this Part.
(3) Any grower who is not usually resident in Zambia and who produces or who bona fide intends to produce tobacco in the Republic shall nominate a resident of Zambia who shall apply for registration under this section and, upon such application being granted, such nominee shall be the registered grower of such tobacco for all of the purposes of this Act.
(4) Where tobacco is grown on a licensed buyer's land by a tenant producer under the terms of a contract whereby the tenant producer agrees to produce tobacco on not more than 10 acres of the said land and further agrees either to share the crop with the licensed buyer or to pay to the licensed buyer a stated share of the proceeds of the crop in consideration for the tenant producer's use of the land for its production, the licensed buyer shall be deemed to be the grower of such tobacco for the purposes of this Act, and shall register as such under this Part.
(5) Where tobacco is grown by a producer who is a member of a co-operative society, the objects of which include the marketing of tobacco grown by its members, and under the terms of a contract between such producer and such co-operative society the tobacco to be produced by the said producer is to be marketed through the said co-operative society, the said co-operative society shall be deemed to be the grower for the purposes of this Act, and shall register as such under this Part.
(6) A licensed buyer shall be deemed to be grower solely for the purposes of any resale of auctionable tobacco purchased by him on a licensed auction floor and shall be registered accordingly for the purposes only of such resale, and the provisions of sub-section (8) shall not apply to his application for such registration, which application may be made orally to the Registrar.
(7) A licensed buyer who has purchased tobacco at a primary or rural level shall, for the purposes of the resale of that tobacco, be deemed to be the grower thereof and shall be registered accordingly solely for the purposes of such resale, and the provisions of sub-section (8) shall not apply to his application for such registration, which application may be made orally to the Registrar.
(8) Application for registration as a registered grower shall be made to the Registrar in the form and manner prescribed.
(9) Separate applications shall be made for registration under this section in respect of each class of tobacco as prescribed under the provisions of section 59.
(10) Any grower who was formerly registered as a registered grower under this Part but whose registration was cancelled—
(a) under the provisions of section 34, and is not restored; or
(b) under the provisions of section 35, and the period, if any, of whose ineligibility for registration has not expired;
shall not be registered under this section.
(1) If any application for registration under the provisions of section 26 is made within the registration period prescribed pursuant to paragraph (a) of section 25, no fee shall be payable in respect of such registration.
(2) If any application for registration under the provisions of section 26 is made after the termination of the registration period prescribed pursuant to paragraph (a) of section 25, the applicant shall pay to the Board such fee for such registration as may be prescribed.
(3) The provisions of sub-section (2) shall not apply where the applicant is a public officer and is nominated pursuant to sub-section (2) of section 26.
(4) The Board may waive the payment of the fee referred to in sub-section (2) if the Board considers that there is a reasonable explanation for the failure of the applicant to make his application within the registration period.
28. Allotment of registered numbers to growers, licensed buyers, etc
(1) The Registrar shall allot one and not more than one registered number to each registered grower for each class of tobacco to be grown by that registered grower in each season:
Provided, however, that in the case of a registered grower registered as such under the provisions of sub-section (4) of section 26 in respect of two or more tenant producers, the Registrar shall allot to such registered grower a registered number in respect of each such tenant producer for each class of tobacco to be grown by such tenant producer in each season.
(2) Subject to any regulation or rule in that behalf made pursuant to or under this Act, a sales supervisor may, from time to time for the purpose of resale of auctionable tobacco by any licensed buyer or by any holder of an auction floor licenced, allot, in the name of the Registrar, a registered number to such licensed buyer or to such holder of an auction floor licence, as the case may be, and such licensed buyer or such holder of an auction floor licence shall be deemed to be the registered grower for the purposes of such resale.
(3) A registered number allotted pursuant to sub-section (1) or (2) shall not be transferable save with the written consent of the registered grower to whom it is allotted and of the Registrar.
(4) Upon an application in that behalf by any registered grower, the Registrar may, with the approval of the Board, cancel any registered number of such registered grower and may allot to the said registered grower another registered number in lieu thereof, if in the opinion of the Board there is sufficient reason for such change of registered number to be made.
29. Prohibition against disclosure of identity of registered growers
Any person who discloses to any other person the identity of the registered grower to whom any registered number allotted pursuant to section 28 relates shall be guilty of an offence unless the disclosure is—
(a) made to an official of the Board; or
(b) necessary for the proper conduct of the sale of any tobacco; or
(c) made by the owner of a bale of tobacco upon which that number appears; or
(d) made with the permission of the owner referred to in paragraph (c); or
(e) made with the authority of the Minister or of the Board.
30. Only registered growers to sell or export tobacco on consignment
Any grower who—
(a) sells any class of tobacco for which he is not registered; or
(b) exports on consignment or otherwise any class of tobacco for which he is not registered;
shall be guilty of an offence.
31. Marking of bales of auctionable tobacco
(1) Every registered grower of auctionable tobacco shall mark his bales of auctionable tobacco in the manner prescribed by the Board.
(2) Any registered grower who delivers for sale to a licensed auction floor any bale of auctionable tobacco which—
(a) was grown by him and is marked with a number other than his registered number; or
(b) was not grown by him and is marked with his registered number;
shall be guilty of an offence.
32. Marking of bales of non-auctionable tobacco
(1) Every registered grower of non-auctionable tobacco shall mark his bales of non-auctionable tobacco in the manner prescribed by the Board.
(2) Any registered grower who sells or delivers for sale any bale of non-auctionable tobacco which—
(a) was grown by him and is marked with a number other than his registered number; or
(b) was not grown by him and is marked with his registered number;
shall be guilty of an offence.
33. Board agent of registered grower for disposal of surplus or unsold tobacco
(1) Every application for registration under this Part shall contain a clause, to become effective upon registration, whereby the registered grower empowers the Board, as agent of such registered grower in that behalf, to dispose of or destroy or cause to be destroyed or to order the disposal or destruction of any surplus or unsold tobacco belonging to such registered grower and remaining in his possession or under his control at the end of any selling season.
(2) The Board may issue a permit in writing to any registered grower to retain until the next selling season any surplus or unsold tobacco belonging to such registered grower and remaining in his possession or under his control at the end of any selling season, and where the Board has issued such a permit, it shall not exercise the authority granted to it pursuant to sub-section (1):
Provided that this sub-section shall not be interpreted as limiting or restricting any power vested in any person under any written law at any time to destroy or order the destruction of tobacco which is infested with any living tobacco pest, fungus or disease of tobacco.
(3) The authority granted pursuant to sub-section (1) shall not be exercised by the Board in respect of auctionable tobacco which—
(a) is grown by a registered grower; and
(b) is kept by the registered grower in his possession or under his control for the purpose of manufacture in accordance with an authority issued by the Minister in that behalf.
34. Failure to furnish prescribed returns by registered grower
(1) If any registered grower fails to furnish to the Board within the period prescribed any prescribed return, completed to the satisfaction of the Board, the Registrar shall cancel the registration of the said grower, and, subject to the provisions of sub-section (2), the said grower shall not be registered as a registered grower under this Part in respect of any duration prescribed under paragraph (b) of section 25, subsequent to that in respect of which he was registered at the date of the cancellation.
(2) The Registrar may, at any time, restore to the register the name of any grower whose registration was cancelled pursuant to sub-section (1) if such grower—
(a) furnishes a late return completed to the satisfaction of the Board; and
(b) pays to the Board a registration fee, not exceeding one hundred and fifty fee units, prescribed by the Minister.
(3) The provisions of paragraph (b) of sub-section (2) shall not apply in the case of a person nominated by the Permanent Secretary pursuant to paragraph (a) of sub-section (2) of section 26 as the grower for a specific area if such person is a public officer.
(4) The Board may waive the payment of the fee prescribed by paragraph (b) of sub-section (2) if it accepts as reasonable any explanation given for the failure of the registered grower to render a return within the prescribed time.
(5) The Registrar shall notify the registered grower concerned of the cancellation or restoration, as the case may be, of his registration, and also—
(a) in the case of a grower of auctionable tobacco, the holders of all auction floor licenses; and
(b) in the case of a grower of non-auctionable tobacco, all licensed buyers licensed to buy that particular class of tobacco.
[S 34 am by Act 13 of 1994.]
35. Cancellation of registration
(1) The Registrar may order the registration of any registered grower to be cancelled if—
(a) the said registered grower has been convicted of an offence under this Act; or
(b) having considered a report from any inspector or any person thereunto authorised by the Board or under this Act that the said registered grower has—
(i) furnished any false information to the Board in any return made under and for the purposes of this Act; or
(ii) failed to comply with any condition or perform any duty imposed by or under this Act;
and having afforded such registered grower an opportunity to be heard on any such report, the Registrar is satisfied that the said registered grower has furnished such false information or has failed to comply with such condition or perform such duty, as the case may be.
(2) Any registered grower whose registration has been cancelled under the provisions of sub-section (1) shall be ineligible for registration as a registered grower for such period as the Registrar may fix in the order cancelling such registration.
(1) Any registered grower who is aggrieved by any order made pursuant to section 34 or 35 shall be entitled to appeal to the Minister.
(2) No appeal shall lie to any court from the decision of the Minister on any appeal pursuant to sub-section (1).
PART VI
LICENSING OF GRADERS
Any person who carries on the business of a grader and is not licensed as such under this Part shall be guilty of an offence.
38. Application for grader's licence
(1) Application for a grader's licence shall be made to the Board in the manner prescribed by the Board.
(2) The Board may refuse any application for a grader's licence if it is of opinion that the applicant is not a proper person to hold such licence, or that the applicant is unable or unwilling to comply with any regulations as regarding premises to be used for grading or any other pertinent regulations prescribed under this or any other written law.
(3) An applicant who is aggrieved by the refusal of the Board to issue to him a grader's licence shall have a right of appeal to the Minister.
39. Cancellation and suspension of grader's licence
(1) The Board may cancel or suspend any grader's licence issued under this Part if—
(a) the licensed grader has been convicted of an offence under this Act; or
(b) having considered a report from an inspector or a sales supervisor that the said licensed grader has—
(i) furnished any false information to the Board or to any registered grower in any return made under and for the purposes of this Act; or
(ii) failed to comply with any condition or to perform any duty imposed on him by or under this Act;
and having afforded such licensed grader an opportunity to be heard on any such report, the Board is satisfied that the said licensed grader has furnished such false information or has failed to comply with such condition or perform such duty, as the case may be.
(2) Any licensed grader whose licence has been cancelled or suspended under the provisions of sub-section (1) shall not be eligible to hold a licence as a licensed grader for such period as the Board may fix at the time of the cancellation or suspension of such licence.
(3) Any person whose licence as a licensed grader has been cancelled or suspended under the provisions of sub-section (1) and who carries on business as a grader of tobacco while such licence is so cancelled or so suspended shall be guilty of an offence.
(1) Any person who is aggrieved by the cancellation or suspension of his grader's licence by the Board may appeal to the Minister.
(2) No appeal shall lie to any court from the decision of the Minister on any appeal pursuant to sub-section (1).
PART VII
LICENSING OF BUYERS
Any person, other than the Board, or an employee or agent of a licensed buyer nominated pursuant to section 43, who buys tobacco and who is not licensed by the Board as a licensed buyer under this Part, shall be guilty of an offence.
42. Application for buyer's licence
An application for a licence to buy tobacco shall be made to the Board in the form and manner prescribed by rules by the Board with the approval of the Minister.
In any application for a licence under this Part, the applicant may nominate an employee or agent, who, upon the applicant being licensed as a licensed buyer, shall be entitled to buy tobacco for and on behalf of such licensed buyer under his said licence.
44. Grounds of refusal to issue and conditions attaching to buyer's licence
(1) Subject to the provisions of sub-section (2), the Board may, with the approval of the Minister, by rule prescribe grounds upon which it may refuse to issue a buyer's licence under this Part.
(2) The Board shall refuse to issue a buyer's licence if it is not satisfied with the financial standing of the applicant.
(3) The Board may attach to any buyer's licence any conditions which it deems reasonable in the circumstances.
(4) —
(a) The Board may, with the approval of the Minister, issue to any applicant a buyer's licence granting to such applicant the right to buy any class of tobacco, specified by the Board in such licence, to the exclusion of any other licensed buyer.
(b) An exclusive licence issued under paragraph (a) may be confined by its terms to any specific area specified therein by the Board.
Any applicant who is aggrieved by the refusal of the Board to issue to him a buyer's licence, or by any condition attaching to such licence, shall be entitled to appeal to the Minister.
46. Buyer's licence to specify particulars
A buyer's licence issued under this Part shall contain the following particulars—
(a) the class or classes of tobacco which the buyer is licensed to buy;
(b) the area or areas, as defined by the Permanent Secretary, in which the buyer is licensed to make his purchases;
(c) any condition attaching to the said licence;
(d) such other particulars as may be prescribed.
47. Minister may prescribe conditions of sale at primary level
The Minister may by regulation prescribe the conditions under which tobacco may be bought by a licensed buyer at a primary or rural level and the conditions to which any resale of such tobacco shall be subject.
48. Cancellation and suspension of buyer's licence
(1) The Board may cancel or suspend any buyer's licence issued under this Part if—
(a) the licensed buyer had been convicted of an offence under this Act; or
(b) having considered a report from an inspector or sales supervisor that the said licensed buyer has failed to comply with any condition or perform any duty imposed on him by or under this Act and, having afforded such licensed buyer an opportunity to be heard on any such report, the Board is satisfied that the said licensed buyer has failed to comply with such condition or to perform such duty, as the case may be.
(2) Any person whose licence has been cancelled or suspended under the provisions of sub-section (1) shall not be eligible to hold a licence to buy tobacco for such period as the Board may fix at the time of cancellation or suspension of such licence.
(3) Any person whose buyer's licence has been cancelled or suspended by the Board under the provisions of sub-section (1), or any nominated employee or agent of such person who buys tobacco while such licence is so cancelled or so suspended, shall be guilty of an offence.
(1) A person who is aggrieved by the cancellation by the Board of a buyer's licence issued to him may appeal to the Minister.
(2) No appeal shall lie to any court against the decision of the Minister on any appeal pursuant to sub-section (1).
PART VIII
LICENSING OF AUCTION FLOORS
50. Licensing of auction floors
(1) Any person who uses or intends to use any premises as an auction floor for the sale of tobacco by auction shall apply to the Board in the form and manner prescribed for a licence of such premises as a licensed auction floor.
(2) The Board shall, with the approval of the Minister, by rule prescribe minimum standards of suitability and sufficiency of premises for licensing under this Part.
(3) The Board may, with the approval of the Minister, by rule prescribe the form and manner of application for a licence under this Part and may, as it deems fit, prescribe, by rule, conditions and requirements in respect thereof and in respect of the operation and maintenance of auction floors licensed under this Part.
(4) The Board may refuse any application for an auction floor licence if it is of opinion that such auction floor is unnecessary or if it is of opinion that the applicant is not a fit or proper person to hold such licence, or that he is unable or unwilling to comply with any prescribed condition or requirement in respect of the operation or maintenance of licensed auction floors.
(5) Any premises operated and maintained by the Board as an auction floor for the sale of tobacco by auction shall be exempt from licensing under this Part, but shall be deemed to be a licensed auction floor for the purposes of this Act.
(6) The Board, with the approval of the Minister, may exempt, either generally or for a specified period of time, any premises from the provisions of this Part.
(1) Any person who is aggrieved by the refusal of the Board to grant his application for an auction floor licence under this Part may appeal to the Minister.
(2) No appeal shall lie to any court against the decision of the Minister on any appeal pursuant to sub-section (1).
52. Prohibition against sale of auctionable tobacco on unlicensed auction floors
Any person being the owner or occupier of any premises who uses such premises or permits their use for the sale of auctionable tobacco—
(a) unless such premises are licensed as a licensed auction floor; or
(b) while any auction floor licence issued in respect thereof is suspended; or
(c) unless such premises are exempt from licensing as a licensed auction floor;
shall be guilty of an offence.
53. Cancellation and suspension of auction floor licences
(1) The Board may cancel or suspend any auction floor licence issued under this Part if—
(a) the holder of such licence has been convicted of an offence under this Act; or
(b) having considered a report from an inspector or a sales supervisor that the said holder of such licence has—
(i) furnished any false information to the Board in any return made under and for the purposes of this Act; or
(ii) failed to comply with any condition or perform any duty imposed on him by or under this Act;
and having afforded such holder of such licence an opportunity to be heard on any such report, the Board is satisfied that the said holder of such licence has furnished such false information or has failed to comply with such condition or perform such duty, as the case may be.
(2) Any holder of an auction floor licence whose licence has been cancelled or suspended under the provisions of sub-section (1) shall not be eligible to hold an auction floor licence for such period as the Board may fix at the time of the cancellation or suspension of such licence.
(3) Any person whose licence has been cancelled or suspended under the provisions of sub-section (1) and who carries on the business of an auction floor while such licence is so cancelled or so suspended shall be guilty of an offence.
(1) Any person who is aggrieved by the cancellation or suspension of his auction floor licence by the Board may appeal to the Minister.
(2) No appeal shall lie to any court from the decision of the Minister on any appeal pursuant to sub-section (1).
55. Conditional authorities for building or extending auction floors
Any person, including the holder of an auction floor licence, who proposes to erect premises intended for use as an auction floor, or to extend or alter premises which include a licensed auction floor, shall apply to the Board in the manner prescribed, with the approval of the Minister, by rules by the Board, for a conditional authority to erect, extend or alter the said premises as proposed.
56. Issue of conditional authorities
The Board may issue a conditional authority referred to in section 55 to an applicant if the Board is satisfied that—
(a) having regard to the amount of auctionable tobacco which can be sold on existing licensed auction floors, it is desirable to license additional premises as auction floors; and
(b) the premises to which the application relates will, when erected, extended or altered, as the case may be, be suitable for the sale of auctionable tobacco.
57. Conditions on issue of conditional authority
Upon the issue of any conditional authority pursuant to section 56, the Board may impose conditions and requirements as to the building works proposed to be done under such conditional authority and may require that any plans for such proposed building works be approved by an architect nominated by the Board.
If, in the opinion of the Board, any building erected under any conditional authority issued pursuant to section 56 is in substantial conformity with the conditions and requirements imposed by the Board and with the plan, if any, approved by an architect pursuant to section 57, the Board shall issue an auction floor licence in respect thereof or extend the existing auction floor licence to include the said building in a licensed auction floor, as the case may be.
PART IX
SALE OF TOBACCO
59. Auctionable and non-auctionable tobacco
The Minister may from time to time, by Statutory Instrument, prescribe—
(a) any class of tobacco as tobacco which is required to be sold on a licensed auction floor, which prescribed class of tobacco shall be auctionable tobacco; and
(b) any class of tobacco which is not required to be sold by auction, which prescribed class of tobacco shall be non-auctionable tobacco;
which said prescribed classes of tobacco shall be tobacco for the purposes of this Act.
60. Prohibition against sale of auctionable tobacco otherwise than by auction
(1) Save as provided by sub-section (2), any person who—
(a) sells auctionable tobacco otherwise than by auction on a licensed auction floor; or
(b) buys auctionable tobacco otherwise than at an auction on a licensed auction floor;
shall be guilty of an offence.
(2) The provisions of sub-section (1) shall not apply to—
(a) any further sale or purchase of auctionable tobacco after it has been sold on a licensed auction floor; or
(b) any sale of auctionable tobacco effected by the Board as agent of any registered grower pursuant to section 33; or
(c) any sale or purchase of auctionable tobacco as a trade sample or for use in research not exceeding two kilograms and three hundred grams in weight; or
(d) any sale of auctionable tobacco at a primary or rural level to a licensed buyer whose licence empowers him so to buy auctionable tobacco; or
(e) any sale by the Board of auctionable tobacco purchased by the Board.
61. Prohibition against sale of non-auctionable tobacco by auction
(1) Any person who sells or buys non-auctionable tobacco by auction shall be guilty of an offence.
(2) The provisions of sub-section (1) shall not apply to—
(a) any sale of non-auctionable tobacco effected by the Board as agent of any registered grower pursuant to section 33;
(b) any sale or purchase of non-auctionable tobacco as a trade sample or for use in research not exceeding two kilograms and three hundred grams in weight;
(c) any export of non-auctionable tobacco on consignment;
(d) any sale of non-auctionable tobacco at a primary or rural level to a licensed buyer whose licence empowers him so to buy non-auctionable tobacco; or
(e) any sale by the Board of non-auctionable tobacco purchased by the Board.
62. Auctionable tobacco to be delivered to auction floor by registered grower
The holder of an auction floor licence shall not sell or permit the sale on his auction floor of auctionable tobacco which was grown in the Republic unless the said tobacco was grown and is delivered to him by or on behalf of a registered grower.
63. Delivery in excess of delivery quota
Any registered grower who delivers or causes to be delivered to a licensed auction floor auctionable tobacco in excess of the delivery quota fixed for him by the Board shall not, for such period as the Board may fix—
(a) deliver or cause to be delivered auctionable tobacco to a licensed auction floor for sale; or
(b) export auctionable tobacco.
64. Import of auctionable tobacco for sale in Republic
(1) Save as provided by this section, no person may import for sale in the Republic auctionable tobacco not grown in the Republic.
(2) The Minister may from time to time, subject to any conditions he may deem necessary, by regulation prescribe that any specified class of auctionable tobacco not grown in the Republic may be imported for purposes of sale on licensed auction floors.
(3) The Board may issue to holders of auction floor licences permits to accept for sale, sell or permit the sale of auctionable tobacco imported into the Republic under any regulation made pursuant to sub-section (2).
(4) Any person who imports auctionable tobacco not grown in the Republic in contravention of this section or of any regulation made thereunder shall be guilty of an offence.
(5) Any person who accepts for sale, sells or permits the sale of imported auctionable tobacco not grown in the Republic without a permit from the Board pursuant to sub-section (3) shall be guilty of an offence.
65. Duties of auction floor licensee on sale of imported auctionable tobacco
(1) Immediately before auctionable tobacco which was not grown in the Republic is auctioned on a licensed auction floor, the holder of the auction floor licence or his agent shall cause to be publicly announced on the said auction floor the name of the country within which the tobacco was grown.
(2) Tobacco referred to in sub-section (1) which is auctioned on a licensed auction floor—
(a) shall be auctioned in lots separate and apart from auctionable tobacco which was grown within the Republic; and
(b) shall not be purchased for the internal market without the authority in writing of the Minister.
(3) Any person who fails to comply with, or contravenes, any provision of this section shall be guilty of an offence.
66. Sale of auctionable tobacco grown in earlier season
(1) Any registered grower who has, under a permit from the Board, held any auctionable tobacco over from any selling season, may deliver the said tobacco to an auction floor for sale in any later selling season if he is the holder of a certificate in the form prescribed, issued by an inspector appointed pursuant to section 22 of the Plant Pests and Diseases Act to the effect that—
(a) the tobacco has been fumigated in the manner prescribed; and
(b) the tobacco or a representative sample thereof has been inspected as prescribed and no evidence of the presence of any living pest of tobacco has been found therein;
and which certificate has been issued not more than 30 days before the said tobacco is delivered to the said licensed auction floor.
(2) Immediately before any auctionable tobacco, which has been delivered to an auction floor pursuant to sub-section (1), is auctioned on such auction floor, the sales supervisor on the said auction floor shall publicly announce the year of the growth of the said tobacco and that the certificate required by sub-section (1) has been issued in respect thereof.
67. Auctionable tobacco to be sold only on sales days in the selling season, etc
Any person who sells, or permits the sale of, auctionable tobacco on any licensed auction floor—
(a) on any day which is not a fixed day in any selling season fixed by the Board; or
(b) at any hour of any day in the selling season which is not an hour fixed by the Board; or
(c) on any day or at any hour of any day in any selling season which is not fixed by the Board for the sale of auctionable tobacco of that class; or
(d) at any time in any selling season during which the Board or a sales supervisor has prohibited sales on such auction floor;
shall be guilty of an offence.
68. Deductions from purchase price of auctionable tobacco
(1) Every buyer of auctionable tobacco on a licensed auction floor shall pay the purchase price of the tobacco to the holder of the auction floor licence on whose auction floor the tobacco is sold.
(2) The holder of an auction floor licence, after deducting from the purchase price such charges and deductions as he is authorised to deduct by or under this Act or any other written law, shall pay the balance of the said purchase price to the seller or his agent thereunto authorised in writing.
69. Weighing, selling and commission charges of holders of auction floor licences
(1) The holder of an auction floor licence—
(a) may make—
(i) such weighing charges in respect of auctionable tobacco which is accepted by him for sale on his auction floor; and
(ii) such selling, commission and re-handling charges in respect of auctionable tobacco which is sold on his auction floor;
as the Board may, with the approval of the Minister, authorise him to make and he may deduct such charges from the purchase price;
(b) shall not make—
(i) any weighing, selling, commission or re-handling charges greater than the appropriate charges referred to in paragraph (a); or
(ii) any charges other than the weighing, selling, commission or re-handling charges referred to in paragraph (a) .
(2) After completion of sales on his auction floor in any selling season fixed by the Board, the holder of an auction floor licence may grant to registered growers such rebates of any of the charges referred to in paragraph (a) of sub-section (1) as he may think fit.
70. Disposal of auctionable tobacco which is left unsold
(1) The Board may give notice to an owner or to a registered grower representing the owner of auctionable tobacco which remains unsold on a licensed auction floor after the last day of the selling season to remove the tobacco from the said licensed auction floor within a period fixed by the Board.
(2) Any owner or any registered grower representing an owner of tobacco referred to in sub-section (1) to whom notice has been given pursuant to that sub-section, who fails to remove the tobacco within a period fixed by the Board in the notice, shall be guilty of an offence.
(3) The Board or the holder of the auction floor licence may, after the expiry of the notice referred to in sub-section (1), cause any such tobacco to be returned to the owner thereof, or his agent, at the said owner's expense, and the costs and charges of delivery of the said tobacco to the said owner, or his agent, shall constitute a civil debt to the Board or to the holder of the auction floor licence, as the case may be.
71. Appointment of sales supervisors
The Board shall appoint sales supervisors for the supervision of sales of tobacco on licensed auction floors.
72. Duties and powers of sales supervisors
(1) A sales supervisor shall—
(a) attend all sales of auctionable tobacco held on the licensed auction floor to which he is assigned by the Board;
(b) control and regulate all such sales of auctionable tobacco on the licensed auction floor to which he is assigned, in accordance with instructions supplied to him by the Board;
(c) if, in his opinion, compliance is not being made with the provisions of this Act relating to the sale of auctionable tobacco, suspend or prohibit the sale for such period as he may fix, and for that purpose give such directions to the holder of the auction floor licence or his agents as the circumstances may require.
(2) The Board shall furnish—
(a) sales supervisors with instructions in writing relating to their powers to control, regulate, suspend or prohibit sales of auctionable tobacco on licensed auction floors; and
(b) holders of auction floor licences with copies of all such instructions referred to in paragraph (a) and of any alterations thereto made by the Board from time to time.
73. Power of Minister to control sales of non-auctionable tobacco
The Minister may, at the request of the Board, prescribe the manner of sale of any class of non-auctionable tobacco and the periods within which such tobacco may be sold.
74. Power of Minister to fix minimum prices for auctionable tobacco
(1) Subject to the provisions of sub-section (3), the Minister may, at any time, after consulting with the Board, by Gazette notice, fix minimum prices at which auctionable tobacco may be sold for the internal or external markets, or both.
(2) In the exercise of the powers conferred upon him by sub-section (1), the Minister may fix different minimum prices in respect of different markets and in respect of different classes and grades of classes of auctionable tobacco.
(3) The minimum price for auctionable tobacco fixed by the Minister at any one time pursuant to sub-section (1) shall be for the duration of one selling season only and the Minister shall not vary the same during such selling season.
(4) If the Minister does not fix a minimum price for a class or grade of auctionable tobacco pursuant to sub-section (1), the minimum price of that class or grade shall be ten ngwee per half kilogram weight.
75. Duties of licensed buyers on purchase of auctionable tobacco
Licensed buyers shall—
(a) purchase auctionable tobacco only at or above the appropriate minimum price fixed for the purpose of the market in respect of which the purchase is made; and
(b) if the Minister has, pursuant to sub-section (1) of section 74, fixed a minimum price for the internal market or any external market, declare at the time of the purchase the market for the purposes of which the said tobacco is purchased.
76. Prohibition against resale of auctionable tobacco bought at less than internal market minimum price
(1) Save as provided by sub-section (2), if any person buys auctionable tobacco for the purposes of any external market at a price less than the internal market minimum price fixed for such tobacco pursuant to sub-section (1) of section 74, he shall not resell the said tobacco in the Republic for the purposes of the internal market.
(2) If the Minister is satisfied that auctionable tobacco, bought in the Republic at a price less than the appropriate internal market minimum price fixed therefor, pursuant to sub-section (1) of section 74, will be—
(a) manufactured in the Republic by cutting at four cuts or more to three centimetres; and
(b) exported from and sold outside the Republic;
the Minister may, on the recommendation of the Board, issue a permit authorising, subject to such conditions as he may prescribe, the resale of the said tobacco at less than the said appropriate internal market minimum price.
(3) Any person who contravenes the provisions of sub-section (1) shall be guilty of an offence.
77. Prohibition against manufacture or keeping of auctionable tobacco not sold on licensed auction floors.
Any person who, without the authority in writing of the Minister—
(a) manufactures auctionable tobacco whether for sale as manufactured tobacco or otherwise; or
(b) keeps auctionable tobacco in his possession or under his control for the purposes of manufacture and sale whether as manufactured tobacco or otherwise;
unless the said tobacco was initially purchased on a licensed auction floor, shall be guilty of an offence.
PART X
MARKETING QUOTAS AND POOLS
78. Control of marketing of tobacco of specified class or grade
If, in the opinion of the Minister, the quantity of tobacco of a particular class or grade which is being produced or is likely to be produced in the Republic for sale will exceed the requirements of the internal and external markets, the Minister may, after consulting with the Board—
(a) prescribe the total weight of that class or grade of tobacco which may be sold in the Republic or exported on consignment by registered growers during a specified period, and may make such provision as he may deem necessary or convenient to ensure that the total weight of such tobacco which is sold in the Republic or exported on consignment by registered growers during the specified period does not exceed the amount prescribed;
(b) for the purposes of paragraph (a), prescribe the manner in which the Board shall determine the weight of such tobacco which any registered grower of that class or grade of tobacco may offer for sale in the Republic or for export on consignment in the specified period, and the weight so determined shall be the marketing quota of such registered grower for the purposes of this Part.
79. Evidence of amount of marketing quotas
Any certificate issued by the secretary to the Board setting forth the amount of any marketing quota of any registered grower shall upon its production in any court be prima facie evidence of the amount of such marketing quota.
(1) If, at any time, the Board deems it expedient it may, with the approval of the Minister, establish centers within the Republic where surplus tobacco shall be sent by registered growers when so instructed by the Board, and shall be there accumulated for disposal by the Board.
(2) For the purposes of this Part, such centers shall be known as pools.
(3) The Minister may from time to time prescribe for the operation, maintenance and administration of pools established pursuant to sub-section (1), and for the manner of sale or other disposal of any tobacco accumulated in any such pool.
81. Power of Board to dispose of surplus tobacco otherwise than through pools
(1) Notwithstanding the establishment and operation of any pool pursuant to section 80, the Board may at any time accept surplus tobacco from registered growers, otherwise than through the medium of such pool, for sale in such manner and on such terms as the Board may deem expedient.
(2) Any surplus tobacco accepted by the Board pursuant to sub-section (1) shall, in the first instance, be offered by the Board for sale to licensed buyers.
82. Prohibition against sale or export of surplus tobacco by grower except through Board
Any grower who sells or exports on consignment surplus tobacco of which he is the grower otherwise than—
(a) through a pool established pursuant to section 80; or
(b) in pursuance of any arrangement made by the Board for the disposal of surplus tobacco pursuant to section 81;
shall be guilty of an offence.
PART XI
PRESCRIBED VARIETIES OF TOBACCO
83. Power of Minister to prescribe varieties of tobacco
(1) The Minister may from time to time, after consultation with the Board, by regulation prescribe any specific variety of tobacco within any prescribed class of tobacco to be tobacco to which this Part shall apply, and may from time to time, after consultation with the Board, by regulation revoke any such regulation.
(2) In this Part, "prescribed variety" means any variety of tobacco which is, by virtue of a regulation made by the Minister under this section, for the time being, a prescribed variety for the purposes of this Act.
(3) The Minister may, after consultation with the Board, authorise, subject to such conditions as he deems fit to impose, the growing or the delivery or acceptance for sale, or the sale of tobacco of a variety which is not a variety prescribed pursuant to sub-section (1).
84. Prohibition against growing or selling tobacco not of prescribed variety
(1) Any person who grows or sells tobacco not of a prescribed variety shall be guilty of an offence.
(2) Any person who grows or sells a varietal sport of any prescribed variety of tobacco, unless such varietal sport has itself been prescribed as a prescribed variety by the Minister pursuant to sub-section (1) of section 83, or authorised pursuant to sub-section (3) of section 83, shall be guilty of an offence. In this sub-section, "varietal sport" means any plant which varies singularly and spontaneously from the normal type of plant of the variety in which it appears.
(3) Upon the conviction of any person of an offence under this section, the court may, at the request of the prosecution and in addition to any other penalty imposed, declare any such tobacco not of a prescribed variety, or any such varietal sport, found in the possession or under the control of the defendant to be forfeited, or may order it to be destroyed, without compensation, or may both declare it to be so forfeited and order it to be so destroyed, without compensation.
PART XII
EXPORT OF TOBACCO
85. Prohibition against export of tobacco by grower
(1) Save as provided by sub-sections (3) and (4), any grower who exports tobacco from the Republic save in accordance with a permit issued by the Minister shall be guilty of an offence.
(2) Any permit to any grower to export tobacco shall be subject to such conditions as the Minister may deem fit to impose.
(3) The Minister may, at any time, after consultation with the Board, and subject to such conditions as he may deem fit to impose, prescribe for the exemption of any grower or class of growers or any class of tobacco from the provisions of sub-section (1).
(4) Nothing contained in this section shall apply to or operate to prevent the bona fide export of a sample of tobacco by any grower when such sample does not exceed two kilograms and three hundred grams in weight.
86. Prohibition against export of tobacco
Subject to the provisions of sections 85, 88 and 89, any person other than a grower or a licensed buyer who exports tobacco from the Republic save in accordance with a permit so to do issued pursuant to section 87 shall be guilty of an offence.
87. Power of Minister to permit export
(1) The Minister may, subject to such conditions as he deems fit to impose, permit any person to export tobacco from the Republic.
(2) Any permit issued by the Minister pursuant to sub-section (1) shall be in writing.
88. Power of Minister to grant exemption from this Part
(1) The Minister may, after consultation with the Board, by Statutory Instrument exempt any person or class of persons or any class of tobacco from the provisions of this Part.
(2) Any exemption granted pursuant to sub-section (1) may be subject to such conditions as the Minister may deem fit to impose.
Nothing contained in this Part shall apply to, or operate to prevent, the bona fide export of a sample of tobacco by any person, when such sample does not exceed two kilogrammes and three hundred grammes in weight.
PART XIII
MISCELLANEOUS AND OFFENCES
90. Period of validity of licences issued by Board
Any licence issued by the Board pursuant to this Act shall not be valid after the 31st December in the year in respect of which the licence is issued.
91. Official documents to be produced to inspector
Any certificate, licence, permit or authority issued under this Act shall be produced by the holder thereof for inspection by any inspector, or other person thereunto duly authorised in writing by the Board.
92. Failure to comply with Act, regulations or rules an offence
Any person who contravenes or fails to comply with any of the provisions of this Act, or with any regulation, rule, requirement or condition lawfully prescribed, made or imposed thereunder, shall be guilty of an offence.
If any person—
(a) being a person employed for the purposes of this Act, publishes or communicates without lawful authority to any other person any information acquired by him in the course of his employment; or
(b) being in possession of any information which to his knowledge has been disclosed in contravention of this Act, publishes or communicates that information to any other person;
he shall be guilty of an offence and upon conviction shall be liable to a fine not exceeding fifteen thousand penalty units or to a term of imprisonment not exceeding two years, or to both.
[S 93 am by Act 13 of 1994.]
94. Prohibition against altering, defacing or removing official records
Any person who, without lawful authority, alters, defaces or removes—
(a) any register, index or other such official record maintained in pursuance of this Act or of any order, requirement, regulation or rule made thereunder; or
(b) any entry appearing in any such register, index or other such official record;
shall be guilty of an offence.
95. Prohibition against altering or defacing prescribed records
Any person who, without lawful authority, alters or defaces any certificate, licence, return, record or other document prescribed, issued, furnished or kept pursuant to this Act or to any order, requirement, rule or regulation made thereunder shall be guilty of an offence.
96. Prohibition against obstruction, etc., of inspectors or sales supervisors
(1) Any person who—
(a) obstructs or impedes an inspector or a sales supervisor or a duly appointed person, in the exercise of any of the powers conferred upon him by or under this Act; or
(b) refuses to furnish to an inspector or a sales supervisor or a duly appointed person, on request, any particulars or information to which the said inspector, sales supervisor or duly appointed person is entitled by or under this Act; or
(c) wilfully or recklessly gives to an inspector or a sales supervisor or a duly appointed person, any false or misleading particular or information with respect to any fact or particular to which the said inspector, sales supervisor or duly appointed person is entitled by or under this Act;
shall be guilty of an offence.
(2) For the purposes of this section, "duly appointed person" means any person to whom duties in connection with the administration of this Act are delegated by the Minister or the Board pursuant to this Act or to any regulation or rule made thereunder.
97. Prohibition against failure to furnish returns, etc
Any person who, being a person required by or under this Act to furnish any return or information to the Minister or to the Board—
(a) fails to furnish such return or information as required; or
(b) fails to furnish such return or information within the time prescribed therefor; or
(c) with intent to mislead, furnishes a return or information which is false in any material particular;
shall be guilty of an offence.
PART XIV
PROCEEDINGS AND PENALTY
98. Venue of proceedings for offences
For the purposes of any proceedings for an offence against this Act, the offence may be treated as having been committed either at the place where it was actually committed or at the place where the person charged with the offence is, for the time being, resident, and the appropriate court shall have the power to hear and determine proceedings for any such offence accordingly.
Save where otherwise expressly provided by this Act, any person who is convicted of an offence under this Act shall, in the case of a first such offence, be liable to a fine not exceeding four thousand penalty units or to imprisonment for a term not exceeding six months, or to both, and, in the case of a second or any subsequent offence, to a fine not exceeding fifteen thousand penalty units or to imprisonment for a term not exceeding one year, or to both.
[S 99 am by Act 13 of 1994.]
PART XV
REGULATIONS
The Minister may, by Statutory Instrument, make regulations for the better carrying out of this Act and, without prejudice to the generality of the foregoing; such regulations may make provisions for—
(a) returns to be furnished to the Minister by registered growers, licensed buyers, licensed graders, holders of auction floor licences, and persons who handle, prepare or process tobacco for the purposes of sale or for export after its sale;
{mprestriction ids="2,3,5"}
(b) forms of registers to be kept by the Board;
(c) forms of records of licenses, permits and authorities issued under and for the purposes of this Act;
(d) anything that is to be prescribed by or under this Act, which is not expressed to be prescribed by rule by the Board;
(e) periods of validity of licences, authorities and permits issued under and for the purposes of this Act;
(f) fees payable upon application for licences, authorities and permits;
(g) the hearing and determination of appeals to the Minister, and the fees payable upon any such appeal;
(h) standards of suitability and fitness of buildings used by licensed graders for the purposes of grading tobacco;
(i) methods of grading to be used by licensed graders in grading tobacco;
(j) declaring certain organic or inorganic substances to be noxious and unfit for use in the treatment of tobacco;
(k) prohibiting the sale or other disposal of tobacco which has been treated with any prescribed noxious substance, or which has been reaped from tobacco plants treated with any prescribed noxious substance;
(l) requiring licensed buyers or persons who process or prepare tobacco for sale or export to disclose such information as the Minister may require with regard to the ownership, sale or export of any tobacco in the hands of such licensed buyers or other persons.
PART XVI
TRANSITIONAL PROVISIONS
Any licence, certificate, authority or permit issued or any registration registered or any application for registration made or any marketing quota determined under the provisions of the Tobacco Marketing and Levy Act, Chapter A.L. 13 of the 1965 Edition of the Applied Laws, which immediately before the commencement of this Act was of, or was capable of, acquiring force or effect, shall, subject to the provisions of this Act, continue to have or to acquire force or effect, as the case may be, and shall on and after such commencement be deemed to have been issued, registered, made or determined under this Act.
102. Dissolution of Tobacco Industry Board
Upon the commencement of this Act, the Tobacco Industry Board established pursuant to section 3 of the Tobacco Industry Board (Establishment) Act, Chapter 110 of the 1964 Edition of the Laws, shall be dissolved and shall cease to exist for all purposes except for the purposes of performing any act or executing any document necessary to implement any of the provisions of this Part, and for such purposes the Minister may, by order, nominate any person to perform any such act or to execute any such document on behalf of and in the name of the said dissolved Tobacco Industry Board and such act or document so performed or so executed by such person shall be deemed to be the act or document of the said dissolved Tobacco Industry Board.
103. Composition of Board pending appointment of members
From the commencement of this Act and until such time as the Minister, pursuant to section 4, appoints members of the Board established by section 3, those persons who immediately before the commencement of this Act were members of the Tobacco Industry Board established pursuant to section 3 of the Tobacco Industry Board (Establishment) Act, Chapter 110 of the 1964 Edition of the Laws, shall be deemed to be and shall constitute the membership of the Board established under this Act and shall, during the said period, exercise all of the powers and functions of such members as if they had been appointed to the Board pursuant to section 4.
104. Vesting of property in Board
Upon the commencement of this Act, all property real or personal and all rights over property, and liabilities arising out of the ownership, possession or occupation of property of any kind and all liabilities in tort, which were subsisting immediately prior to such commencement and were vested in, held, enjoyed or incurred by the Tobacco Industry Board established pursuant to section 3 of the Tobacco Industry Board (Establishment) Act, Chapter 110 of the 1964 Edition of the Laws, shall by virtue of this section be transferred to and vested in the Board established pursuant to section 3.
105. Transfer of contractual rights to Board
Upon the commencement of this Act, the benefit of all deeds, contracts, bonds, securities, or things in action, which were subsisting immediately prior to such commencement and were vested in the Tobacco Industry Board established pursuant to section 3 of the Tobacco Industry Board (Establishment) Act, Chapter 110 of the 1964 Edition of the Laws, shall by virtue of this section be transferred to and vested in and shall inure to the benefit of the Board in the same manner as if the Board had been contracted with instead of the said Tobacco Industry Board established pursuant to the said Tobacco Industry Board (Establishment) Act, and as if the Board had been party to all such deeds, contracts, bonds, or securities instead of the said Tobacco Industry Board established pursuant to the said Tobacco Industry Board (Establishment) Act.
106. Transfer of contractual and other liabilities to Board
Upon the commencement of this Act, all subsisting or future liabilities or obligations arising out of any deed, contract, bond, security or thing in action imposed upon, suffered or incurred by the Tobacco Industry Board established pursuant to section 3 of the Tobacco Industry Board (Establishment) Act, Chapter 110 of the 1964 Edition of the Laws, shall by virtue of this section be transferred to, imposed upon, suffered and incurred by the Board in the same manner as if the Board had been party to each such deed, contract, bond, or other security instead of the said Tobacco Industry Board established pursuant to the said Tobacco Industry Board (Establishment) Act and in the same manner as if the Board at all times had been the party bound or obliged by or under each such thing in action instead of the said Tobacco Industry Board established pursuant to the said Tobacco Industry Board (Establishment) Act.
107. Registration upon transfer of registered lands or interests
In the case of property transferred to and vested in the Board under the provisions of this Part, in respect of the transfer of which any written law provides for registration, it shall be the duty of the Board, within six months from the commencement of this Act, to make written application to the proper officer of the appropriate registration authority for the registration of each such transfer and it shall be the duty of that officer to make such entries in the appropriate register as shall give effect to such transfer and, where appropriate, to issue to the Board a Certificate of Title in respect of the said property or to make the necessary amendments to the register, as the case may be, and, if presented therefor, to make endorsements on the deeds relating to the title, right or obligation concerned; and no registration fees, stamp or other duties shall be payable in respect thereof.
Where, upon the commencement of this Act, any legal proceeding is pending to which the Tobacco Industry Board established pursuant to section 3 of the Tobacco Industry Board (Establishment) Act, Chapter 110 of the 1964 Edition of the Laws, is a party, the Board established pursuant to section 3 of this Act shall be substituted in such proceeding for the said Tobacco Industry Board established pursuant to the said Tobacco Industry Board (Establishment) Act, and such proceeding shall not abate by reason of such substitution.
[Section 15]
POWERS OF THE TOBACCO BOARD OF ZAMBIA
1. To acquire any property necessary or convenient for the exercise of its functions and the performance of its duties and for that purpose to buy, take on lease or in exchange, hire or otherwise acquire real and personal property and any interest therein and any rights and privileges over the same and any concessions, grants, rights, powers and privileges in respect thereof, and in particular any lands, buildings, easements, machinery, plant and stock in trade.
2. To maintain, alter or improve property acquired by it.
3. To mortgage any assets or part of any assets and, with the approval of the Minister, to sell, exchange, lease, mortgage, dispose of, turn to account or otherwise deal with any assets or part of any assets which are not required for the exercise of its functions or the performance of its duties for such consideration as it may determine.
Provided that any such last mentioned assets which exceed two kwacha in value shall not be so dealt with without the approval of the Minister.
[Sch para 3 am by Act 46 of 1970.]
4. To own, maintain and operate tobacco auction floors and tobacco packing plants, and, in its discretion, to grant licences or concessions to third persons to use the said tobacco auction floors or tobacco packing plants in and about the sale or packing of tobacco; and to subsidise the operating or capital costs of persons to whom the Board has granted licences or concessions under this power, and to own, maintain and operate any other service or services in connection with tobacco if it should be, in the opinion of the Minister, in the best interests of the tobacco industry of the Republic for the Board so to do.
5. To produce tobacco or tobacco seed whenever and as often as the Board is of the opinion that it is in the best interests of the tobacco industry of the Republic so to do.
6. To draw, make, accept, endorse, discount, execute and issue for the purpose of its functions or duties promissory notes, bills of exchange, bills of lading, securities and other negotiable and transferable instruments.
7. To insure against losses, damages, risks and liabilities which it may incur.
8. With the approval of the Minister, to make contracts and enter into surety ships or give guarantees in connection with the exercise of its functions or the performance of its duties and to modify or rescind such contracts or to modify or rescind such surety ships or guarantees.
9. —
(a) To raise money temporarily or otherwise by such means and for such purposes as the Minister may approve.
(b) To invest any of its money not immediately required by it in such manner as it, with the approval of the Minister in consultation with the Minister responsible for finance, may determine and to vary or realise investments so made.
10. With the approval of the Minister, to enter into, renew, cancel or abandon arrangements with any government or authority, local or otherwise, that may seem conducive to the exercise of its functions or the performance of its duties or any of them and to obtain from such government or authority rights, privileges and concessions which it thinks desirable to obtain; and to carry out, exercise and comply with such arrangements, rights, privileges and concessions.
11. To delegate to sales supervisors such powers and duties as the Board may deem fit.
12. To appoint such professional, technical and other officers, secretaries, accountants, clerks and such servants as may be necessary for the exercise of its functions and the performance of its duties.
13. To pay such remuneration and allowances and grant such leaves of absence and, with the approval of the Minister, to make such gifts, bonuses and other lump sum payments or gratuities to persons in its employ as it may deem fit.
14. To provide pecuniary benefits for persons in its employ on their retirement, resignation, discharge or other termination of service or in the event of their sickness or injury, and for their dependants, and for that purpose to effect policies of insurance, establish pension or provident funds or make such other provision as may be necessary to secure for persons in its employ and their dependants any or all of the pecuniary benefits to which the provisions of this paragraph relate.
15. Generally to do all such things as are incidental or conducive to the exercise of the functions and powers or the performance of the duties vested in or conferred or imposed upon it by this Act.
16. To buy tobacco if, in the opinion of the Minister, such course would serve the best interests of the industry and to sell or otherwise dispose of any such tobacco bought by the Board under this power.
17. To do all things which are necessary in the opinion of the Board to promote, protect and maintain the sale of tobacco grown in the Republic, having regard to buyers and trade interests and the stability of the market.
18. To prescribe, with the approval of the Minister, by rules, the returns and forms of returns to be furnished to the Board by registered growers and persons who handle, prepare or process tobacco for sale or for export after its sale.
19. To prescribe, by rules, the fees, approved by the Minister, which shall be paid to the Board in connection with applications for registration or for the issue of authorities, licences and permits.
20. To fix a date in each selling season fixed by the Board on which the Board deems it expedient to begin controlling and to control the rate of delivery of auctionable tobacco for sale on auction floors licensed by the Board, and to fix delivery quota periods from and after that date, and further to determine delivery quotas applicable to each such delivery quota period.
21. To fix a date in each selling season fixed by the Board on which the Board deems it expedient to stop controlling the rate of delivery of auctionable tobacco for sale on auction floors licensed by the Board.
22. To give directions to and prescribe, with the approval of the Minister, by rules, the duties of licensed graders in connection with—
(a) the methods of handling and storing tobacco from the time tobacco is received for grading to the time tobacco is despatched after grading; and
(b) the grading of tobacco; and
(c) the processes to be employed in conditioning or treating tobacco; and
(d) the supervision to be exercised over the handling, grading, storing or despatch of tobacco; and
(e) the manner in which tobacco is to be despatched after it has been graded.
23. To prescribe, with the approval of the Minister, by rules, hygienic and other conditions of maintenance of buildings, plant and equipment to be used by registered growers or licensed graders, as the case may be, for or in connection with the handling, storing, grading or despatch of tobacco.
24. To prescribe, with the approval of the Minister, by rules, the form of returns, receipts and documents to be furnished to the Board and to registered growers by licensed graders.
25. To fix the period in each year during which tobacco may, subject to the provisions of this Act, be sold.
26. To fix the days and the hours of the days in the selling season fixed by the Board on or during which tobacco may, subject to the provisions of this Act, be sold.
27. To prohibit for any period in a selling season fixed by the Board the sale of tobacco.
28. To prescribe, with the approval of the Minister, by rules, the grade classification of tobacco for purposes of sale and to prescribe for the marking of such classification.
29. To prescribe, with the approval of the Minister, by rules, the grading, packing, marking or identification of tobacco for purposes of sale.
30. To issue permits to registered growers or their agents to hold over to a later selling season tobacco which was not sold in the selling season appropriate to the year of its growth.
31. To prescribe, with the approval of the Minister, by rules, a maximum rate of selling at which auctionable tobacco shall be sold on licensed auction floors.
32. To give directions to the holders of auction floor licenses as regards receipt, storage and sale of auctionable tobacco.
33. To prescribe, with the approval of the Minister, by rules, the duties of holders of auction floor licences as regards the receipt, storage and sale of auctionable tobacco and all matters incidental thereto, and, as regards the disposal of unsold auctionable tobacco, the keeping of such records and the furnishing of such returns, accounts and other documents as may be prescribed.
34. To prescribe, with the approval of the Minister, by rules, the duties of owners of auctionable tobacco with regard to its removal from licensed auction floors and with regard to the disposal of bale wrappings.
35. To prescribe, with the approval of the Minister, by rules, the terms and conditions of sale of auctionable tobacco when sold by auction on a licensed auction floor.
36. To prescribe, with the approval of the Minister, by rules, the terms and conditions of sale of non-auctionable tobacco except when sold at a primary or rural level.
37. To prescribe, with the approval of the Minister, by rules, the form of returns to be made to the Board by licensed buyers on the purchase or sale of non-auctionable tobacco.
38. To prescribe, with the approval of the Minister, by rules, the liabilities of holders of auction floor licences in connection with losses whether caused by errors in weighing or otherwise and the making good of such losses.
39. To inspect books, accounts and other documents relating to the acceptance for sale and sale of auctionable tobacco on licensed auction floors and relating to such charges as are allowed pursuant to section 69.
40. With the approval of the Minister, to give directions to and prescribe, by rules, the duties of sellers and buyers as regards the places at which non-auctionable tobacco shall be sold and the storage and sale of non-auctionable tobacco.
41. With the approval of the Minister, to prescribe, by rules, the form and manner of applications, nominations, licences, certificates of registration and other such certificates, licences, authorities or permits as the Board deems necessary for the better administration of this Act.
42. To prescribe, with the approval of the Minister, by rules, all matters which by this Act are required or permitted to be prescribed by the Board.
43. To make loans to farmers from the funds of the Board, and to guarantee the payment of loans made to farmers by any bank, building society or statutory body for the purpose of the production of tobacco or of such other crops as the Board may deem necessary or convenient to the development of the tobacco industry generally, or for the purpose of engaging in activities which the Board may consider as ancillary to the production of tobacco.
[Sch para 43 am by Act 46 of 1970.]
44. To lease or sub-lease land, or to grant rights of occupancy of lands held by the Board to persons for the purpose of the production of tobacco or other ancillary crops, and to impose conditions of use and occupancy upon any such leases or occupiers.
[Sch para 44 am by Act 46 of 1970.]
45. To lend money to any officer or employee of the Board for the purchase of a motor vehicle, a refrigerator or house furniture, or for the purchase of a residential property, or for the construction of a dwelling house on a residential property, or for the improvement of a residential property, or for the discharge of existing liabilities on a residential property.
[Sch para 45 am by Act 46 of 1970.]
46. Subject to the directions and with the written authority of the Minister, to act as agent of the Government of Zambia in any matter, or for any purpose, directly or indirectly affecting the tobacco industry.
[Sch para 46 am by Act 46 of 1970.]
47. With the approval of the Minister, to establish and operate institutions for the training of persons in the production and marketing of tobacco and in the running of tobacco farms, auction floors or other activity ancillary to the production and marketing of tobacco.
[Sch para 47 am by Act 46 of 1970.]
48. To train persons, and to establish and run training courses in the production and marketing of tobacco and in any other activity the Board deems necessary to, and beneficial to, the tobacco industry generally.
[Sch para 48 am by Act 46 of 1970.]
49. To appoint and remunerate managing agents, visiting agents and technical and other consultants which the Board deems necessary for the better exercise of the functions and powers conferred upon it by or under this Act.
[Sch para 49 am by Act 46 of 1970.]
INDEX TO SUBSIDIARY LEGISLATION
Tobacco (Marketing and Licensing) Rules
Tobacco (Registration of Growers) Regulations
Tobacco (Prescribed Classes) Regulations
Tobacco (Prescribed Varieties) Regulations
Tobacco (Sale of Non-Auctionable Tobacco) Regulations
Tobacco (Auctionable Tobacco Importation) Regulations
TOBACCO (MARKETING AND LICENSING) RULES
[Section 15 and Paragraphs 18, 19, 22-24, 29, 31, 33-37 and 40-42 of the Schedule]
[Re-denominate the currency as stipulated under S 4 of Re-denomination Act, 8 of 2012, read with Bank of Zambia Act, 43 of 1996.]
Arrangement of Rules
Rule
PART I
PRELIMINARY
1. Title
2. Interpretation
PART II
RETURNS BY REGISTERED GROWERS
3. Crop forecast returns
PART III
LICENSING OF GRADERS
4. Form and manner of application
5. Minimum standards of premises
6. Receipting of tobacco
7. Reports on condition
8. Grading returns
9. Copies of returns to Board
10. Duties of licensed graders
PART IV
LICENSING OF BUYERS
11. Form and manner of application for licence
12. Grounds for refusal
13. Returns by buyers
PART V
LICENSING OF AUCTION FLOORS
14. Form and manner of application for licence
15. Application for conditional authority
16. Minimum standards of premises
17. Returns to be submitted
18. Duties of holders of auction floor licences
PART VI
MARKING OF BALES FOR SALE
19. Part VI not to apply to sales at primary or rural level
20. Registered numbers
21. Bale labels
22. Labelling of bales by graders
23. Prohibition of any other markings
PART VII
PACKING OF TOBACCO FOR SALE
24. Part VII not to apply to sales at primary or rural level
25. Wrapping and sewing materials
26. Weights and dimensions of bales
PART VIII
SALE OF TOBACCO BY AUCTION
27. Application of Part VIII
28. Duties and powers of sales supervisors
29. Power to inspect records
30. Tobacco which may be offered for sale
31. Declared mixed bales
32. Split bales
33. Consignment of tobacco to auction floor
34. Duties of holders of auction floor licences
35. Receipting of tobacco
36. Booking of tobacco
37. Order of selling
38. Sales supervisor may alter order of selling
39. Holders of auction floor licences not to withdraw tobacco
40. Date and time of sale
41. Storage of tobacco
42. Delivery quotas
43. Auction floor officials' and buyers' positions
44. Interested parties
45. Rate of selling
46. Size of bids
47. No-sale bales
48. Alteration of bale tickets
49. Crossing of bale tickets
50. Repudiation of bales at sale
51. Badly handled, mixed, damaged or nested bales
52. Funked tobacco
53. Mouldy or damaged tobacco
54. Cancellation of sale of mouldy tobacco
55. Cancellation of sale of bales damaged by grease, paraffin or oil
56. Nesting
57. Completion of sales
58. Buyers' disputes
59. Tobacco purchased for house account
60. Removal of bales
61. Bales re-offered on final day of selling season
62. Resale numbers
63. Sellers' accounts
64. Payment of accounts by buyers
65. Disposal of bale wrappings
66. Return of bale wrappings
67. Special provisions relating to the sale of tobacco by mechanical auction
[Rules by the Tobacco Board of Zambia, with the approval of the Minister]
Act 13 of 1994,
SI 142 of 1968,
SI 353 of 1969,
SI 70 of 1992.
PART I
PRELIMINARY
These Rules may be cited as the Tobacco (Marketing and Licensing) Rules.
In these Rules, unless the context otherwise requires—
"arbitrator" means a classifier, sales supervisor or a buyer nominated by a sales supervisor and acceptable to the aggrieved buyer;
"auction floor" means premises licensed by the Board for the sale of tobacco by auction, and includes such part of the premises as may be allotted for storage of tobacco;
"auctionable tobacco" means tobacco of a class prescribed as such by the Minister pursuant to section 59 of the Act;
"bale" means a bale of tobacco;
"bale ticket" means the coupon attached to a bale by the holder of an auction floor licence for the purpose of recording thereon the details of sale;
"buyer" shall have the meaning ascribed to it in section 2 of the Act;
"catalogue" means the number of bales to be determined from time to time by the Board, contained in a written record compiled by a holder of an auction floor licence, by floor lot numbers for the purpose of conducting a sale of tobacco by mechanical auction as provided by rule 67;
"classifier" means an official of the Board authorised by the Board to classify tobacco;
"completion" means, in relation to the sale of a bale by auction, the removal of a copy of the bale ticket from the bale for recording purposes by a person authorised for this purpose by the holder of an auction floor licence, and cognate expressions shall be construed accordingly;
"crossing" means cancelling the sale of a bale sold by auction by drawing a cross on the bale ticket pursuant to rule 49, and cognate expressions shall be construed accordingly;
"delivery quota" means the quantity of auctionable tobacco determined by the Board pursuant to paragraph 20 of the Schedule to the Act which may be delivered by or on behalf of a registered grower for sale on any licensed auction floor in each delivery quota period;
"delivery quota period" means any period fixed by the Board pursuant to paragraph 20 of the Schedule to the Act during which delivery quotas may be delivered by or on behalf of registered growers to licensed auction floors;
"employee" means an employee of a licensed buyer;
"floor lot number" means the number allocated to a bale by a holder of an auction floor licence for the purpose of identification during a sale by mechanical auction;
"form" means the appropriate form prescribed in the Schedule;
"funked tobacco" means tobacco which, while appearing to be sound, has in the opinion of an arbitrator an aroma indicating that the tobacco has been or is about to become mouldy;
"grower" means a person registered as a grower or any person deemed to be a grower pursuant to section 26 of the Act;
"house account" means the house account of the holder of an auction floor licence;
"licensed auction floor" means any auction floor licensed by the Board pursuant to Part VIII of the Act;
"licensed buyer" means any person licensed by the Board to buy tobacco pursuant to Part VII of the Act;
"licensed grader" means any person licensed by the Board to grade tobacco pursuant to Part VI of the Act;
"loose leaf" means sound leaf tobacco which is packed without being tied into hands;
"lot number" means the identification number of a seller's bale;
"mechanical auction" means the sale by auction of tobacco by the employment of machinery whereby the buyer records his bid by mechanical means;
"nesting" means the packing of tobacco into bales in such a manner as to deceive a buyer about the nature or quality of the contents as a whole, and cognate expressions shall be construed accordingly;
"non-auctionable tobacco" means any class of tobacco prescribed as such by the Minister pursuant to section 59 of the Act;
"no-sale bale" means a bale for which no bid has been made at a sale by auction;
"primary or rural level" means the sale of tobacco by an individual producer or group of producers to a licensed buyer where it is intended that the said tobacco shall later be offered for sale to the trade by the buyer, whether as auctionable or non-auctionable tobacco, as the case may be;
"registered number" means a number allotted by the Registrar of a sales supervisor, as the case may be, pursuant to the provisions of section 28 of the Act, and shall include a number allotted for the purpose of resale of auctionable tobacco;
"sales floor" means that portion of an auction floor allotted for the sale of tobacco by auction and excludes any area or areas allotted for storage of tobacco;
"sales supervisor" means a person appointed by the Board, under the provisions of section 71 of the Act, to supervise the sale of tobacco by auction on a licensed auction floor;
"seller" means a person or his agent who sells or offers for sale tobacco;
"selling season" means the period in any year fixed by the Board when tobacco may be sold;
"split bale" means a bale containing two but not more than two grades of tobacco;
"starter" means a person authorised by the holder of an auction floor licence to place an approximate value on tobacco offered for sale by auction;
"ticket marker" means a person authorised by the holder of an auction floor licence to record on a bale ticket the details of sale of a bale of tobacco sold by auction;
"tobacco" means unmanufactured tobacco of a class prescribed by the Minister pursuant to section 59 of the Act.
PART II
RETURNS BY REGISTERED GROWERS
(1) Every grower, other than a person deemed to be a grower solely by virtue of the provisions of sub-section (6) or (7) of section 26 of the Act, shall—
(a) before the 31st March in any selling season furnish to the Board a preliminary return in writing in Form 1 stating—
(i) the total number of acres of tobacco planted by him;
(ii) the quantity of tobacco which he estimates will be sold by him or on his behalf in that selling season;
(b) on or after the 15th May and before the 1st June in each selling season, furnish to the Board a further return in writing in Form 2 stating—
(i) the total number of acres of tobacco planted by him;
(ii) the quantity of tobacco which he expects will be sold by him or on his behalf in that selling season.
(2) If at any time before the end of a selling season a grower finds that the quantity of tobacco which he then estimates will be sold by him or on his behalf in that selling season will exceed or fall short of the estimated quantity contained in a return made by him in terms of sub-rule (1), he shall immediately inform the Board in writing of his revised estimate.
(3) The requirements of paragraph (a) of sub-rule (1) as regards the estimate of the quantity of tobacco which will be sold by or on behalf of any grower during any selling season shall be deemed to be substantially complied with, unless the last estimate thereof furnished by the said grower—
(a) exceeds the quantity of such tobacco sold by him or on his behalf in that selling season by more than 15 per centum of such estimate; or
(b) falls short of the quantity of such tobacco sold by him or on his behalf in that selling season by more than 25 per centum of such estimate.
(4) The requirements of paragraph (b) of sub-rule (1) as regards the estimate of the quantity of tobacco which will be sold by or on behalf of any grower during any selling season shall be deemed to be substantially complied with, unless the last estimate thereof furnished by the said grower—
(a) exceeds the quantity of such tobacco sold by him or on his behalf in that selling season by more than 10 per centum of such estimate; or
(b) falls short of the quantity of such tobacco sold by him or on his behalf in that selling season by more than 20 per centum of such estimate.
(5) The requirements of sub-rule (2) as regards the estimate of the quantity of tobacco which will be sold by or on behalf of any grower during any selling season shall be deemed to be substantially complied with, unless the last estimate thereof furnished by the said grower—
(a) if furnished before the 15th May—
(i) exceeds the quantity of such tobacco sold by him or on his behalf in that selling season by more than 15 per centum of such estimate; or
(ii) falls short of the quantity of such tobacco sold by him or on his behalf in that selling season by more than 25 per centum of such estimate;
(b) if furnished on or after the 15th May—
(i) exceeds the quantity of such tobacco sold by him or on his behalf in that selling season by more than 10 per centum of such estimate; or
(ii) falls short of the quantity of such tobacco sold by him or on his behalf in that selling season by more than 20 per centum of such estimate.
PART III
LICENSING OF GRADERS
4. Form and manner of application
(1) Application for the issue of a grader's licence shall be made to the Board in Form 3 and shall—
(a) state the name and address of the applicant and, in the case of a company registered in terms of any law, the name of each director, or, in the case of a partnership, the name of every partner;
(b) state the name of the person who will supervise the grading;
(c) in the case of an applicant who has not previously been licensed as a grader, be accompanied by—
(i) a plan showing the site;
(ii) a plan and elevations;
(iii) a plan and description of the humidification system of the buildings in which it is proposed to carry on the grading or to store tobacco;
(d) in the case of an applicant who has previously been licensed as a grader, be accompanied by—
(i) where the structure of the building or buildings in which it is proposed to carry on the grading or to store tobacco has not been altered since the last licence was issued to such applicant authorising him to grade or store tobacco in such building or buildings, a statement that the structure thereof has not been altered; or
(ii) where the structure of the building or buildings in which it is proposed to carry on the grading or to store tobacco has been altered since the last licence was issued to such applicant authorising him to grade or store tobacco in such building or buildings, a plan showing the nature of such alterations;
(e) be accompanied by a fee of two hundred fee units payable to the Board, which fee however shall be returned to the applicant in the event of his application being unsuccessful.
(2) Every person who makes application for a grader's licence shall, if the Board so requires, submit evidence—
(a) as to his financial standing;
(b) as to the efficient management, supervision and organisation of the proposed business of grading.
[Am by SI 70 of 1992; Act 13 of 1994.]
5. Minimum standards of premises
No person shall carry on the business of a grader in premises unless—
(a) they are of such design and construction as may be approved by an architect appointed for this purpose by the Board;
(b) they are provided with storage space sufficient to permit the stacking of tobacco received for grading or awaiting despatch for sale without exceeding a height of eight feet above the level on which the bottom bale rests;
(c) the floor surface of the grading shed, storage sheds and all ramps, platforms and verandahs adjacent thereto, and where applicable the walls thereof, are composed of such material as to be resistant to rising damp and of sufficient strength and elasticity to withstand the loads imposed upon them, and capable of being so maintained and treated as to prevent the harbouring of pests of tobacco.
(1) Immediately following receipt of tobacco consigned to him by a grower, a grader shall send to such grower a receipt in Form 4.
(2) If for any reason a grader is unable to weigh bales of tobacco received by him immediately after delivery to his premises, he shall complete that part of the receipt in Form 4 as indicates the number of bales received and within three working days thereof issue a further receipt giving the weights.
(1) Within seven days of receiving tobacco consigned to him by a grower, a grader shall examine not less than 10 per centum of the bales in that consignment and send to the grower a report on the condition thereof.
(2) In the event that a grader fails to send to a grower the report referred to in sub-rule (1), the Board will assume that the tobacco in question was received by him in good condition.
Within ten days of completion of grading tobacco consigned to him by a grower for grading at any one time, a grader shall furnish the grower with a return in accordance with Form 5.
Copies of all receipts, reports and returns issued by a grader in terms of this Part shall at the same time be furnished to the Board.
[Am by SI 353 of 1969.]
10. Duties of licensed graders
In addition to any other duty imposed on him by or under these Rules or any other law, a grader shall—
(a) effect at his own expense adequate insurance to cover any loss which might otherwise be sustained by a grower while such grower's tobacco is stored in the grader's premises or is being carried in transport by direction of such grader;
(b) use all reasonable care in handling, storing grading and packing tobacco so as to prevent damage or loss due to breakage, contamination or other causes.
PART IV
LICENSING OF BUYERS
11. Form and manner of application for licence
(1) An application for the issue of a licence to buy tobacco shall be made to the Board in Form 6 and shall state—
(a) the name and address of the applicant and, in the case of a company registered in terms of any law, the name of each director, and, in the case of a partnership, the name of every partner;
(b) the names of all persons authorised to buy tobacco on behalf of the applicant;
(c) the class or classes of tobacco which the applicant intends to buy;
(d) the manner in which the applicant proposes to buy tobacco;
(e) whether or not the applicant is a buyer solely by virtue of the ownership of land in respect of which he has agreed to permit a third person to produce tobacco on not more than ten acres of the said land in consideration of a share in the said tobacco when produced, or of a share of the proceeds of its sale, and if so the situation of such land;
(f) whether or not the application is for the issue of an exclusive licence pursuant to sub-section (4) of section 44 of the Act, and if so the area in which the applicant wishes to buy tobacco.
(2) Where an applicant has not previously been licensed as a buyer and indicates, pursuant to paragraph (c) of sub-rule (1), that he intends to buy tobacco by auction, he shall attach to his application statements in writing from the holders of all auction floor licences indicating their willingness to do business with the applicant if he is licensed as a buyer.
(3) An application for a buyer's licence made pursuant to this rule shall be accompanied by a fee of five hundred United States Dollars payable to the Board, which fee shall however be returned by the Board to the applicant in the event of the application being unsuccessful.
[Am by SI 70 of 1992.]
The Board may refuse an application for the grant of a buyer's licence on any or all of the following grounds—
(a) that it is not satisfied with the financial standing of the applicant;
(b) that in its opinion—
(i) the grant of the licence would not be in the best interests of the industry or would detract from the orderly marketing or export of tobacco;
(ii) the applicant is not a fit and proper person to hold such licence;
(c) that the Board has in respect of any particular class of tobacco granted an exclusive licence, or intends, with the approval of the Minister, to issue such exclusive licence to another applicant pursuant to sub-section (4) of section 44 of the Act.
Every buyer to whom a licence has been issued under this Part shall before the fifteenth day of every month submit to the Board a return in Form 7 of all tobacco purchased by him in the previous month.
PART V
LICENSING OF AUCTION FLOORS
14. Form and manner of application for licence
An application for the issue of an auction floor licence shall be made in Form 8 and shall—
(a) state the name and address of the applicant and, in the case of a company registered in terms of any law, the name of each director, and, in the case of a partnership, the name of every partner;
(b) be accompanied by—
(i) in the case of an application relating to premises not previously licensed as an auction floor where the applicant has not obtained a conditional authority for the premises pursuant to rule 15, a plan showing the site of the premises in relation to road and rail facilities, and a plan and elevations of the premises;
(ii) in the case of an application relating to premises previously licensed as an auction floor, a statement giving details of any alteration in the use of the premises as an auction floor since the issue of the last licence for such auction floor;
(iii) a fee of eight hundred fee units payable to the Board, which fee however shall be returned by the Board to the applicant if the application is unsuccessful.
[Am by SI 70 of 1992; Act 13 of 1994.]
15. Application for conditional authority
(1) An application for a conditional authority to erect, alter or extend premises including a licensed auction floor for use as an auction floor, shall be made to the Board in Form 9 and shall—
(a) state the name and address of the applicant and, in the case of a company registered in terms of any law, the name of each director, and, in the case of a partnership, the name of every partner;
(b) be accompanied—
(i) in the case of an application relating to existing premises not previously licensed as an auction floor, or to premises which it is proposed to erect, a plan showing the site of the premises or proposed premises in relation to road and rail facilities and a plan and elevations of such premises or proposed premises;
(ii) in the case of an application to alter or extend premises licensed or previously licensed as an auction floor, a plan and elevations showing details of the extension or alterations to the structure thereof.
(2) Upon completion of the building works in respect of which a conditional authority has been granted, the applicant shall, notwithstanding the issue of such conditional authority, comply with the provisions of rule 14, provided however that where the conditional authority is for the alteration or extension of licensed premises, no further fee shall be payable during the period of validity of the licence in question.
16. Minimum standards of premises
Except where the Board may, with the approval of the Minister, have exempted any premises from the provisions of Part VIII of the Act, no auction floor licence shall be issued in respect of premises—
(a) which do not comply with the following minimum requirements—
(i) the area available for storage of tobacco shall be not less than two-thirds of the area of the sales floor;
(ii) the total area of platforms and verandahs capable of being used for the loading or off-loading of tobacco shall not be less than 40 per centum of the area of the sales floor;
(iii) the natural roof lighting of the sales floor shall be a combination of south lighting and translucent roof sheets of a material approved by the Board, so that the total area of such lighting shall not be less than 15 per centum of the area of the sales floor;
(iv) the floor surface of the sales floor, storage areas, re-handling area, and all ramps, platforms and verandahs adjacent thereto, and where applicable the walls thereof, shall be composed of such material as to be resistant to rising damp and of sufficient strength and elasticity to withstand the loads to be imposed upon them, and capable of being so maintained and treated as to prevent the harbouring of pests of tobacco;
(v) there shall be in a position adjacent to or as part of the auction floor an area set aside for the re-handling of tobacco, which area shall be not less than seven per centum of the area of the sales floor, and shall be equipped with such devices as are capable of controlling the humidity therein to the satisfaction of the Board;
(b) unless the design and construction thereof are such as may be approved by an architect appointed for this purpose by the Board.
(1) Every holder of an auction floor licence shall submit to the Board in writing—
(a) not later than noon on the next working day following any sale of tobacco on his floor, a return in Form 10 in respect of each class of tobacco sold on the previous day;
(b) not later than Monday of each week, a return in Form 11 in respect of each class of tobacco sold on his auction floor during the week ended midnight on the previous Wednesday;
(c) not more than 30 days after the date of the last sale of tobacco on his auction floor in any selling season, a return in Form 12 in respect of each class of tobacco sold thereon in such season.
(2) Whenever a holder of an auction floor licence becomes aware that information submitted by him in any return to the Board in terms of sub-rule (1) contains a material error, he shall forthwith notify the Board accordingly in writing, and as soon as possible thereafter submit an amended return.
18. Duties of holders of auction floor licences
In addition to any other duty imposed on him by or under these Rules or any other law, the holder of an auction floor licence shall—
(a) use all reasonable care in handling, storing and despatching tobacco so as to prevent damage or loss due to breakage, contamination or other causes;
(b) effect at his own expense insurance to cover loss of or damage to any seller's tobacco from time of receipt to completion of sale.
PART VI
MARKING OF BALES FOR SALE
19. Part VI not to apply to sales at primary or rural level
The provisions of this Part shall not apply to tobacco offered for sale at a primary or rural level.
(1) Subject to the provisions of this rule—
(a) every seller of Virginia flue-cured tobacco shall mark his bales clearly on the outside of the wrapping material with his registered number in arabic numerals not less than eight centimetres in height and on not less than two sides and one end of each bale, and shall in addition mark above his registered number the letters "VZ" in the same dimensions;
(b) every seller of Burley tobacco shall mark his bales clearly on the outside of the wrapping material with his registered number in arabic numerals not less than eight centimetres in height and on not less than two sides and one end of each bale, and shall in addition mark above his registered number the letters "BUZ" in the same dimensions;
(c) every seller of Oriental tobacco shall mark his bales clearly on the outside of the wrapping material with his registered number in arabic numerals not less than three centimetres and not more than eight centimetres in height and on not less than two sides, and shall in addition mark above his registered number the letters "TZ" in the same dimensions.
(2) In any selling season when the Board shall, in exercise of its powers under paragraph 16 of the Schedule to the Act, have declared its intention to buy tobacco and to do so by classification, it may direct that bales offered for sale shall be marked in such a manner that when the bale wrappings are opened the registered number shall not be visible to a classifier.
(3) For his own identification purposes, a seller, in addition to the registered number referred to in sub-rule (1), may mark his bales after and in the same place as his registered number with an alphabetical letter.
(4) The provisions of this rule shall not apply to any sale by the Board of any tobacco purchased by the Board, nor to any resale of tobacco by the holder of an auction floor licence pursuant to paragraph (b) of sub-rule (3) of rule 59.
(1) A seller shall securely attach to a bale offered for sale a bale label on which shall be clearly marked in arabic numerals the lot number of the bale, which lot number shall be exclusive to that bale and shall not be allocated to any other bale during the season.
(2) A seller may if he so wishes mark on the bale label a group number to indicate the order in which bales are to be offered for sale, in which case—
(a) bales shall be numbered from one upwards for each consignment;
(b) a numeral or numerals indicating the group number shall be positioned on the bale label above the lot number;
(c) there shall be no limit to the number of groups in any one consignment;
(d) no seller may mark his bale labels with group numbers in more than one colour.
(3) The provisions of sub-rule (1) shall not apply to the sale by the Board of any tobacco purchased by the Board.
22. Labelling of bales by graders
(1) A grader shall securely attach to each bale delivered by him for sale a label bearing his name in printed letters which shall not be less than one centimetre in height.
(2) A seller or a grader may not deliver for sale a bale labelled so as to indicate that the tobacco has been graded by a grader unless the tobacco has been graded by the grader whose name is printed on the label.
23. Prohibition of any other markings
Except with the permission of the Board in writing, and subject to the provisions of Part VIII, no seller or other person shall cause to be displayed on a bale offered for sale any marking, identification or other information nor in a manner other than is permitted under this Part:
Provided however that should he so wish a seller of a bale of Oriental tobacco may, in addition to his registered number, mark on the outside of the wrapping material the lot number of the bale.
PART VII
PACKING OF TOBACCO FOR SALE
24. Part VII not to apply to sales at primary or rural level
The provisions of this Part shall not apply to tobacco offered for sale at a primary or rural level.
25. Wrapping and sewing materials
(1) Subject to the provisions of this rule, every seller of tobacco shall ensure that his tobacco is packed in bales—
(a) having in good condition an outer covering of hessian or such other material as may from time to time be approved by the Board;
(b) having an inner covering of new or undamaged waterproof paper or such other material as may from time to time be approved by the Board;
(c) properly sewn with twine in good condition not being made from sisal or jute, so that no single stitch shall exceed eight centimetres in length and no gap between stitches shall exceed eight centimetres in length and all stitches shall be locked on the ends of the bales near the corners.
(2) The provisions of paragraph (c) of sub-rule (1) shall not apply to the sellers of oriental tobacco which tobacco shall however be offered for sale in bales laced with twine in such manner as the Board may from time to time direct.
26. Weights and dimensions of bales
(1) Subject to the provisions of this rule, a seller shall—
(a) pack his Virginia flue-cured tobacco in bales—
(i) weighing not less than twenty-three kilogrammes net nor more than one hundred and nine kilogrammes net;
(ii) having dimensions of eighty-six centimetres long, sixty-one centimetres high and not more than sixty-six centimetres wide;
(b) pack his Burley tobacco in bales—
(i) weighing not less than nine kilogrammes net nor more than fifty-nine kilogrammes net;
(ii) having dimensions of eighty-six centimetres long, sixty-one centimetres high and not more than sixty-six centimetres wide;
(c) pack his Oriental tobacco in bales—
(i) not exceeding twenty-three kilogrammes net in weight;
(ii) having dimensions of sixty-nine centimetres long, thirty-eight centimetres high and not more than fifty-one centimetres wide.
(2) Notwithstanding the provisions of sub-rule (1), no seller may offer for sale—
(a) a split bale of Virginia flue-cured tobacco weighing less than forty-five kilogrammes net;
(b) a split bale of Burley tobacco weighing less than fourteen kilogrammes net.
PART VIII
SALE OF TOBACCO BY AUCTION
The provisions of this Part shall apply—
(a) to the sale by auction of auctionable tobacco other than a sale of such tobacco at a primary or rural level;
(b) to the sale by the Board by auction of any non-auctionable tobacco purchased by the Board.
28. Duties and powers of sales supervisors
(1) A sales supervisor shall—
(a) ensure that the provisions of the Act and the regulations made thereunder and the rules made and the instructions given by the Board are being complied with;
(b) report breaches of such Act, regulations, rules and instructions to the Board;
(c) ensure that bales are properly placed in rows on auction floors and suitably opened and sampled;
(d) check weighing-in scales;
(e) from time to time re-weigh bales of tobacco for the purpose of ensuring that they have been correctly weighed;
(f) report incorrect weighing to the holder of the auction floor licence concerned and cause the necessary adjustments to be made.
(2) A sales supervisor may remove or cause to be removed from an auction floor any bale which does not conform to the standards laid down in these Rules.
(3) A sales supervisor shall have access to all books, receipts and documents kept by the holder of an auction floor licence relating to the arrival, receipting, booking and sale of tobacco.
(4) Should circumstances arise which are not covered by any instructions given to him by the Board pursuant to section 72 of the Act, a sales supervisor, after consultation with the Secretary to the Board, or, in his absence, an official of the Board acting on his behalf, may, whenever in his opinion it is necessary so to do in order to facilitate the orderly selling of tobacco or to protect the interests of the sellers of tobacco or buyers of tobacco, or both—
(a) suspend a sale of tobacco for a period not exceeding 24 hours;
(b) give such directions to sellers, buyers or the holders of auction floor licences as may be necessary on any matter not specifically prescribed under this Part.
Any official or agent of the Board duly authorised thereunto by the Board in writing may, at any time, examine books and vouchers of the holder of an auction floor licence to ascertain whether the charges authorised by the Board pursuant to section 69 of the Act have been, or are being, adhered to.
30. Tobacco which may be offered for sale
(1) Tobacco may be offered for sale in the form of—
(a) tied leaf;
(b) straight laid loose leaf;
(c) clean graded strips;
(d) clean stemmed scrap;
(e) clean unstemmed scrap.
(2) In the case of tied leaf, a seller shall ensure that the size of hands of graded tobacco is not less than three centimetres and not more than three centimetres across the butt ends and that the depth of the tie is not less than four centimetres and not more than five centimetres.
(3) A seller shall not offer as loose leaf sound tobacco leaf twenty centimetres or more in length.
(4) No bale offered for sale shall contain ungraded tobacco.
(5) No seller may offer for sale a bale containing more than one class of tobacco.
(1) Subject to the provisions of this rule, no person shall knowingly offer for sale a bale which contains—
(a) leaf of different types, qualities, or colours, mixed in the hand;
(b) hands of tobacco of different types, qualities, or colours;
(c) short and long leaf mixed in the hands, or hands of short and long leaf;
(d) sound leaf mixed with barn rot leaf.
(2) A seller may offer for sale a mixed bale containing tobacco as enumerated in paragraphs (a), (b), (c) and (d) of sub-rule (1), provided that—
(i) he has affixed to the bale a label additional to the bale label referred to in rule 21 on which is marked the word "mixed" in letters not less than five centimetres in height;
(ii) the word "mixed" is printed clearly on a notice displayed prominently on the bale by the holder of the auction floor licence;
(iii) the bale is declared to buyers by the starter to be mixed before being offered for sale.
(3) A bale containing mixed tobacco sold in accordance with the provisions of sub-rule (2) shall not thereafter be repudiated on the grounds that it is mixed unless, in the opinion of an arbitrator, it contains an undue proportion of tobacco of other than bordering types, qualities or colours.
(1) Subject to the provisions of this rule, a seller may offer for sale a split bale, that is to say, a bale containing not more than two grades of tobacco, provided that—
(i) the two grades are separated by a sheet of water-proof paper;
(ii) he attaches to the bale a label additional to the bale label referred to in rule 21 on which is marked the word "split" in letters not less than five centimetres in height;
(iii) the word "split" is printed clearly on a notice displayed prominently on the bale by the holder of an auction floor licence;
(iv) the bale is declared by the starter to buyers to be split before being offered for sale.
(2) A split bale offered for sale may not weigh less than forty-five kilogrammes net in the case of Virginia flue-cured tobacco, nor less than fourteen kilogrammes net in the case of Burley tobacco.
33. Consignment of tobacco to auction floor
A seller shall consign his tobacco to an auction floor packed so as to facilitate its sale, storage and handling.
34. Duties of holders of auction floor licences
(1) In addition to any other duties imposed upon him by the provisions of these Rules, every holder of an auction floor licence shall—
(a) furnish the sales supervisor before each sale with a statement giving the following particulars about the bales laid on the auction floor for that sale in the order in which they are laid—
(i) the registered numbers of the sellers;
(ii) the names of the sellers;
(iii) the number of bales in each consignment;
(iv) whether the bales are up for sale for the first time or whether they are re-handled bales, buyers' resales, house resales or bales which have had their tickets crossed at a previous sale or, if they fall into any other category, what that category is;
(v) if the bales have been graded by a grader, the name of the grader;
(vi) the row number in which each bale is placed;
(b) space the bales of tobacco offered for sale as may be required by the Board;
(c) ensure that the bale ticket clearly shows the following particulars—
(i) the registered number of the seller;
(ii) the lot number;
(iii) the net weight;
(iv) the buyer's code letter;
(v) the buyer's grade classification if available;
(vi) the price per kilogramme;
(d) ensure that there are sufficient clearly legible copies of the bale ticket available to meet the sale requirements;
(e) after sale, attach the bale ticket securely to the outside of the bale to which it relates;
(f) as the sale proceeds, properly repack and securely resew all bales;
(g) present his accounts to a buyer or his agent not later than 09.00 hours on the day following the day of sale;
(h) be responsible for any loss occasioned by his errors in weighing or otherwise and make good any loss so occasioned;
(i) furnish the sales supervisor daily with such information as he may require with regard to—
(i) the amount of tobacco in stock;
(ii) the future programme of sales.
(2) The holder of an auction floor licence shall not sell tobacco—
(a) except with the permission of a sales supervisor, unless it has been weighed during the 72 hours immediately preceding the sale of such tobacco;
(b) for less than any minimum price which may have been fixed by the Minister pursuant to section 74 of the Act;
(c) in which the starter, auctioneer or any other employee of such holder of an auction floor licence has any interest, without disclosing such interest at the time of the sale;
(d) which is not packed in conformity with the provisions of these Rules.
(1) The holder of an auction floor licence shall—
(a) keep a receipt book in a form approved by the Board;
(b) issue from such receipt book a receipt in triplicate for every bale received upon his auction floor except for a bale which—
(i) is being re-offered for the house account; or
(ii) has had its ticket crossed at a previous sale and which has not been returned to the grower; or
(iii) is returned for sale by the auction floor's re-handling department; or
(iv) is being re-offered and declared as mixed, mouldy or funked.
(2) Each receipt shall be numbered consecutively and shall show—
(a) the registered number and name of the seller;
(b) the number of bales received;
(c) whether the bales come direct from a grower or from a storage firm, a grader or an auction floor;
(d) the date and time of delivery.
(3) The holder of an auction floor licence shall—
(a) deliver the second copy of the receipt to the sales supervisor before the midday following each twenty-four-hour period:
Provided that—
(i) when such midday following a twenty-four-hour period falls on a Sunday or a public holiday, he shall deliver the second copy of the receipt to the sales supervisor before midday on the next business day;
(ii) for the purposes of this sub-rule, "twenty-four-hour period" means the period of 24 hours commencing at 07.00 hours on one day and ending at 07.00 hours on the next day;
(b) keep the third copy of the receipt, which shall be available for inspection by an official of the Board, until the end of the selling season.
(4) The holder of an auction floor licence shall issue receipts for tobacco in order of its arrival at his premises—
(a) by train, beginning with the consignments contained in the first truck entering the private siding of the premises;
(b) by lorry, in rotation and immediately following the receipt of the tobacco contained in the last train to be shunted into the siding;
(c) from storage, as though it had been received by lorry.
(5) When rail consignments from a grower are received with the bales loaded in more than one truck in the same train, the total consignment shall be deemed to have been received in the first truck which is unloaded and which contains tobacco from that grower.
(6) Tobacco stored by a holder of an auction floor licence, other than tobacco referred to in sub-paragraphs (i) to (iv) of paragraph (b) of sub-rule (1), or tobacco for which a receipt has been issued pursuant to sub-rule (1), on the day fixed for the commencement of delivery quotas shall be—
(a) deemed to have been delivered on that day;
(b) receipted pursuant to sub-rule (1);
(c) booked in for sale as though it had been delivered on that day;
(d) deemed to be part of the delivery quota of the grower who delivered it.
(7) If a seller wishes to deliver to an auction floor several bales of tobacco for sale as one consignment, he may accumulate such bales on the auction floor premises for a period not exceeding 24 hours, without such bales being entered into the receipt book, if he informs the holder of the auction floor licence of his intention before or at the same time as his consignment arrives at the auction floor.
(8) The holder of an auction floor licence shall issue a receipt for tobacco accumulated pursuant to sub-rule (7)—
(a) 24 hours after the delivery of the first bale; or
(b) when the whole consignment has been accumulated; whichever is the earlier.
(9) A holder of an auction floor licence shall not sell tobacco, other than tobacco referred to in sub-paragraphs (i) to (iv) of paragraph (b) of sub-rule (1), unless—
(a) a receipt has been issued for that tobacco; and
(b) a duplicate of that receipt has been delivered to the sales supervisor pursuant to paragraph (a) of sub-rule (3).
(10) For the purposes of sub-rules (7) and (8), when calculating the period of 24 hours, no public holiday or Sunday shall be included.
(1) If a seller notifies the holder of an auction floor licence in writing that he wishes to be present at the sale of his tobacco, and if stocks of tobacco for sale at the auction floor are such that his tobacco will be sold within 24 hours of its arrival, such tobacco may, on arrival, be booked in by the sales supervisor so that there will be a period of not less than 24 hours between the time of arrival and the time of sale.
(2) The holder of an auction floor licence may book in, for sale at any time convenient to him and the seller, a bale of tobacco which—
(a) is being re-offered for the house account; or
(b) has had its ticket crossed at a previous sale and which has not been returned to the grower; or
(c) is returned for sale by the auction floor's re-handling department; or
(d) is being re-offered and declared as mixed, mouldy or funked.
(3) The holder of an auction floor licence shall treat tobacco which has—
(a) been graded by him; and
(b) not previously been offered for sale;
as though it had been placed in storage on the auction floor when the grading and packing were completed.
Subject to the provisions of sub-rule (1) of rule 36 and of rule 38, the holder of an auction floor licence shall not sell tobacco in an order other than the order in the receipt book:
Provided that—
(i) on the request of the seller made not later than the time at which a consignment of his tobacco is received upon the auction floor, the holder of an auction floor licence may divide up that consignment—
(a) if it consists of thirty bales or more, into groups of not less than fifteen bales;
(b) if it consists of less than thirty bales, into not more than two groups;
(ii) in the case of tobacco which is being re-offered, the consignment may, on the request of the seller made at the time the tobacco was last offered for sale, be divided up into groups of not less than five bales.
38. Sales supervisor may alter order of selling
A sales supervisor may vary the order of sale as shown in the receipt book if he considers such variation necessary in order to—
(a) avoid splitting a consignment of tobacco; or
(b) facilitate the conduct of a sale.
39. Holders of auction floor licences not to withdraw tobacco
The holder of an auction floor licence shall not—
(a) withdraw tobacco from the sale for which it has been booked in; or
(b) permit tobacco receipted by him to be diverted to any other auction floor;
except with the permission of a sales supervisor.
(1) Before the tobacco is booked in, the holder of an auction floor licence shall not give a person any information relating to the date or time of sale or the position of tobacco on the auction floor, other than the probable number of days after delivery that the tobacco may have to be stored before sale.
(2) After the tobacco has been booked in, the holder of an auction floor licence shall, if so requested by the seller and at the seller's cost, notify the seller by telephone or telegram of the probable date on which his tobacco will be sold.
(3) The holder of an auction floor licence shall not—
(a) be responsible for any change of the date of sale due to circumstances beyond his control; or
(b) agree to sell tobacco on a specified row or at a specified time.
The holder of an auction floor licence shall not—
(a) stack tobacco more than 244 centimetres above the level on which the bottom bale rests without the permission of a sales supervisor;
(b) during any period for which delivery quotas are in force, store, without the written authority of the Board, tobacco for which the receipt provided for by rule 35 has not been issued.
(1) The provisions of this rule shall apply whenever the Board shall, in exercise of its powers under paragraph 20 of the Schedule to the Act, have fixed a date, hereinafter called the "fixed date", from which it deems it necessary to control the rate of delivery of auctionable tobacco to licensed auction floors and have fixed delivery quota periods from and after the fixed date and determined delivery quotas applicable to each or any of such delivery quota periods.
(2) The Board shall give notice of such fixed date, delivery quota periods and delivery quotas in such manner as it may determine and may cause a copy of any notice issued for this purpose to be displayed prominently at every licensed auction floor.
(3) Subject to the provisions of this rule, no grower or his agent shall cause to be delivered to an auction floor any tobacco in excess of his delivery quota.
(4) Where, during any first or second delivery quota period, as the case may be, any grower delivers in respect thereof a quantity of tobacco less than his delivery quota, he may, thereafter, during any delivery quota period, not later than the third delivery quota period, deliver tobacco in excess of his delivery quota for the period in which delivery is actually made, up to the undelivered portion or portions of the earlier delivery quota or quotas, if—
(a) he gives the Board full particulars in writing of the reasons why he did not deliver his full delivery quota in such period or periods; and
(b) he receives the written permission of the Board to exceed his delivery quota in the second or third delivery quota period or in the second and third delivery quota periods, as the case may be; and
(c) he does not exceed in the first three delivery quota periods his total delivery quota for such delivery quota periods; and
(d) where he did not deliver his full delivery quota because of the inability of a grader to deliver his tobacco, he has sent all the tobacco to be delivered in the second or third delivery quota period or in the second and third delivery quota periods, as the case may be, to the grader before the fixed date.
(5) Subject to the provisions of sub-rule (4), where a grower or his agent delivers to an auction floor any tobacco in excess of his delivery quota, the Board may, in writing, direct the holder of the auction floor licence to whom such tobacco was delivered to return to the grower at a place and by a date specified by the Board and at the grower's risk and expense, a number of bales equal to the number of bales delivered by the grower in excess of his delivery quota.
(6) A grower whose delivery quota as fixed by the Board for any particular quota period is less than twenty-five bales may deliver or cause to be delivered on his behalf to an auction floor—
(a) in any one of four subsequent consecutive quota periods, hereinafter called a "combined quota period", a quantity of tobacco not exceeding four times his delivery quota for the first quota period of the combined quota period or one hundred bales;
(b) in any quota period forming part of the combined quota period subsequent to the first such quota period, a quantity of tobacco equivalent to the difference between his delivery quota for such first quota period and such subsequent quota period, provided that such difference is in the form of an increase in delivery quota and not a reduction thereof:
Provided that—
(i) not less than 50 per centum of the quantity of tobacco so delivered shall have been graded by a grader; and
(ii) such grower shall not deliver to an auction floor in a combined quota period more than-—
A. four times his delivery quota for the first quota period of the combined quota period; or
B. the total of the four quotas for the combined quota period; or
C. one hundred bales;
whichever is the greatest.
(7) A grower who removes mixed, mouldy, damaged or funked tobacco from the auction floor for re-handling may again deliver it to an auction floor and it shall not count against his delivery quota:
Provided that—
(i) he shall not return more than the number of bales that he removed from the floor; and
(ii) he notifies the Board in writing of the number of bales removed and the date on which they were removed; and
(iii) he obtains from the Board a written acknowledgement of the receipt of such notice.
(8) Where two or more growers are using the same grading facilities, other than the grading facilities of a licensed grader, they may combine their delivery quotas:
Provided that permission in writing is first obtained from the Board.
(9) Growers who have been permitted by the Board, pursuant to sub-rule (8), to combine their delivery quotas shall not deliver to the auction floors any tobacco in excess of the total thereof.
(10) The Board may furnish to a licensed grader, if requested to do so by him, information regarding the delivery quota fixed by the Board for any grower whose tobacco has been or is to be graded by such grader.
(11)—
(a) Notwithstanding the provisions of this rule, the Board may, at any time when it has deemed it necessary to control the rate of delivery of auctionable tobacco to licensed auction floors, further adjust the rate of delivery of such tobacco by means of an increase or decrease, as the case may be, in a grower's delivery quota, which increase or decrease shall be expressed as a percentage thereof and shall give notice of such adjustment, in the manner described in sub-rule (2).
(b) Where such percentage increase or decrease does not produce a whole number, the amount of tobacco which may be delivered shall be calculated to the next higher whole number.
(c) Where in terms of this sub-rule the amount of auctionable tobacco which a grower may deliver or cause to have delivered for sale to an auction floor has been either increased or decreased, the quantity of tobacco thereby determined shall be considered for the purposes of this rule as such grower's delivery quota.
43. Auction floor officials' and buyers' positions
(1) At any auction sale the starter, auctioneer and ticket marker shall take their positions together in line and shall not be separated by any other person.
(2) The auctioneer shall stand facing the main line of buyers and beside the bale which he is in the process of selling and shall not move from that position until the name of the buyer of the bale has been declared by him.
(3) Buyers shall arrange their own positions in the main line of buyers on the auction floor.
(4) If any buyer is unwilling to accept the position in the main line of buyers allotted to him pursuant to sub-rule (3), or wishes to take up a position elsewhere than in the main line, the matter shall be submitted to the Board whose decision shall be final.
No person shall bid for tobacco in which he has any interest other than as—
(a) a buyer; or
(b) a person nominated by a buyer pursuant to section 43 of the Act; or
(c) a person authorised by the holder of an auction floor licence to buy tobacco for the house account;
without disclosing such interest at the time of the sale.
(1) The rate of selling shall be fixed by the Board or by the sales supervisor with the authority of the Board, but shall not exceed six hundred bales in any period of an hour.
(2) If the rate of selling at any sale is lower than the rate fixed by the Board or by the sales supervisor, the sales supervisor may fix a time within which such sale shall be concluded.
(3) If the rate of selling at any sale is higher than the rate fixed by the Board or by the sales supervisor, the sales supervisor may suspend the sale for such period as he considers necessary.
A buyer may accept the starter's valuation and thereafter bidding shall proceed by bids of not less than one-half of one hundred kwacha per half kilogramme until the bale is knocked down to the highest bidder.
(1) A no-sale bale shall be re-offered for sale at least once on a day other than the day upon which it was first offered for sale.
(2) If, on the second occasion on which it is offered for sale, no bid is made, the holder of the auction floor licence may dispose of the tobacco contained in such no-sale bale in accordance with the instructions given to him in writing by the owner.
(3) Where no instructions have been given to the holder of an auction floor licence pursuant to sub-rule (2), and where any registered grower has at the end of any selling season in his possession or under his control any surplus or unsold tobacco belonging to such registered grower, the Board may dispose of, destroy, or cause to be destroyed, such tobacco as provided by sub-section (1) of section 33 of the Act.
48. Alteration of bale tickets
(1) Subject to the provisions of sub-rule (2), no person shall alter any of the particulars recorded on a bale ticket.
(2) An alteration may, before the completion of the sale of the bale to which the ticket relates, and where appropriate subject to the provisions of sub-rule (1) of rule 59, be made by—
(a) a sales supervisor or other person authorised for the purpose in writing by the Board;
(b) the buyer of a bale to record his own grade classifications; or
(c) a buyer taking over a bale from either the house account or another buyer to record necessary alterations to the bale ticket.
(3) A person making an alteration pursuant to sub-rule (2) shall—
(a) initial the alteration; and
(b) in the case of an alteration made pursuant to paragraph (c) of sub-rule (2), obtain the initials of the previous buyer of the bale.
(1) Before the sale of a bale has been completed—
(a) the seller may, by drawing a red cross on the bale ticket, refuse to accept the price for such bale;
(b) if a seller refuses to accept the price for any bale or bales of his tobacco, the original buyer may, by drawing a blue cross on the bale ticket, cancel the sale of an equal number of bales purchased by him from such seller.
(2) A seller shall not cross the bale ticket on any bale of his tobacco—
(a) if he himself has offered a bid for that bale; or
(b) while a buyer's contention that the bale is unfit for sale is being considered by an arbitrator pursuant to rule 50; or
(c) if the buyer's contention is upheld pursuant to rule 50.
(3) A seller whose bale ticket has been crossed shall, within 10 days of the crossing of the ticket, either re-book the tobacco for sale or remove it from the auction floor.
(4) A sales supervisor may book for sale at the end of the period of 10 days any tobacco not re-booked for sale or withdrawn from the auction floor by the seller pursuant to sub-rule (3).
50. Repudiation of bales at sale
(1) Subject to the provisions of sub-rule (8) and of sub-rule (2) of rule 31, if a buyer contends before the sale of the last bale of a seller's consignment has been completed, that a bale purchased by him containing tobacco sold by that seller is badly handled or mixed, mouldy, funked, damaged or nested or is in some other respect unfit for sale, he may forthwith notify an arbitrator of his desire to repudiate the sale.
(2) The arbitrator shall investigate the matter and, if he upholds the buyer's contention, the sale may be repudiated.
(3) If the arbitrator does not uphold the buyer's contention, he shall forthwith obtain the opinion of another arbitrator.
(4) If, in the opinion of both arbitrators, the buyer's contention is upheld, the buyer may repudiate the sale.
(5) If, in the opinion of both arbitrators, the buyer's contention is not upheld, the sale shall stand and the decision of the arbitrators shall be final.
(6) If the opinion of the arbitrators is divided—
(a) in a case where the buyer has contended that the bale is mixed, the buyer may repudiate the sale;
(b) in any other case, the arbitrators shall forthwith obtain the opinion of a third arbitrator whose decision shall be final.
(7) Where the buyer's contention has—
(a) been upheld, an arbitrator shall indicate on the front of the bale ticket the reason for the repudiation;
(b) not been upheld, an arbitrator shall indicate on the back of the bale ticket that the buyer's contention has been rejected;
(c) been upheld by one arbitrator and the sale has been repudiated pursuant to paragraph (a) of sub-rule (6), an arbitrator shall mark the bale ticket with the words "mixed dispute, re-offer" and the bale may be re-offered without being re-handled.
(8) The purchase of a bale which has been bought by a buyer at a price of one hundred kwacha per half kilogramme or less shall not be repudiated in terms of this rule on the ground that such bale was mixed unless such bale is made up of tobacco containing stem rot and sound stem.
51. Badly handled, mixed, damaged or nested bales
(1) Subject to the provisions of sub-rule (2) and of paragraph (c) of sub-rule (7) of rule 50, no person shall re-offer a bale which has been—
(a) repudiated at a sale by a buyer because it contains tobacco which is badly handled, mixed or nested; or
(b) condemned for any of these reasons before the sale by an arbitrator;
until it has been re-handled.
(2) No person shall re-offer a bale containing mixed tobacco unless he complies with the provisions of sub-rule (2) of rule 31.
(3) Within 10 days following the repudiation or condemnation of a bale referred to in sub-rule (1), the owner of the bale shall—
(a) remove it from the auction floor; or
(b) have it re-handled by the holder of the auction floor licence.
(4) If the owner of the bale does not remove it, the holder of the auction floor licence may—
(a) return it to the owner or his agent at the risk and expense of the owner; or
(b) re-handle and re-offer it.
A bale which has been—
(a) repudiated at a sale by a buyer because it contains funked tobacco; or
(b) condemned for this reason before the sale by an arbitrator;
shall, at the option of the owner of the bale, be—
(i) returned to him or his agent; or
(ii) labelled as "funked" and re-offered.
(1) Subject to the provisions of sub-rule (2), a bale which—
(a) has been repudiated at the sale by a buyer because it contains tobacco which is mouldy or damaged; or
(b) has been condemned for either of the reasons specified in paragraph (a) before the sale by an arbitrator; or
(c) is considered by the owner thereof to contain tobacco which is mouldy or damaged;
may, at the option of the owner of the bale, be—
(i) returned to him or his agent; or
(ii) labelled "mouldy" or "damaged", as the case may be, and re-offered, subject to it being declared as such to the buyers by the starter before being re-offered for sale.
(2) If a bale has been repudiated at a sale by a buyer because it contains tobacco which is mouldy or damaged and, in the opinion of an arbitrator, the tobacco is so mouldy or damaged as to be irreparable by re-handling but, in the opinion of the arbitrator, may nevertheless have some value, the bale may be re-offered by the holder of the auction floor licence as soon as possible without the tobacco being re-handled if the word "mouldy" or "damaged", as the case may be, is printed clearly on a notice displayed prominently on the bale, and the bale is declared as such to the buyers by the starter before being re-offered for sale.
(3) No person shall re-offer a bale referred to in sub-rule (1) until it has been re-handled unless it is labelled "mouldy" or "damaged", as the case may be, pursuant to these Rules.
54. Cancellation of sale of mouldy tobacco
(1) A buyer may, within 48 hours of the end of a day's sale, apply to cancel the sale of a bale bought by him on that day on the ground that it contains mouldy tobacco by returning such bale, intact and in its original bale wrappings, to the auction floor for inspection by an arbitrator.
(2) Subject to the provisions of sub-rule (4), if the arbitrator agrees with the buyer that the bale contains mouldy tobacco, the sale shall be cancelled.
(3) Where a mouldy bale has been bought on a day which is followed by a Saturday, Sunday or a public holiday, such bale shall be delivered for inspection not later than 13.00 hours on the next day of sale.
(4) Where, in the opinion of a sale supervisor, the buyer has neglected to examine his purchases adequately on the auction floor before the sale was completed, he may refuse to allow a buyer to cancel the sale, notwithstanding the agreement of the arbitrator pursuant to sub-rule (2).
55. Cancellation of sale of bales damaged by grease, paraffin or oil
(1) A buyer may, before a bale has left the auction floor, apply to an arbitrator to cancel the sale of the bale on the ground that it is damaged by grease, paraffin or oil.
(2) If the arbitrator agrees with the buyer that the bale is damaged by grease, paraffin or oil, the sale shall be cancelled.
(1) No seller shall offer for sale any tobacco which is nested.
(2) If a buyer discovers and reports to an arbitrator within 48 hours of a sale that a bale purchased by him was nested, the arbitrator shall immediately inspect the tobacco and report the result of his inspection to the Board.
(3) If the Board decides that the bale has been nested, the bale shall be confiscated by the Board.
(4) The Board's decision pursuant to sub-rule (3) shall be final.
(5) The bale shall be re-offered by the Board and the Board shall, with the proceeds of the sale, make a refund to the buyer towards the purchase price of such bale, and the cost of transport.
(6) If, at any time after the period of 48 hours referred to in sub-rule (2), the buyer discovers that a bale purchased by him has been nested, the matter shall immediately be reported by the buyer to the Board for investigation and the Board may take such action as it thinks fit.
(7) If tobacco which is offered for sale by a seller is found to be nested on a second or subsequent occasion, his registered number shall be posted in a conspicuous place on the auction floor for the remainder of the selling season.
(8) A report made by a buyer pursuant to sub-rule (2) shall not be of a frivolous or vexatious nature.
According to the circumstances, the sales supervisor shall ensure that the sale of a bale is completed before not less than one hundred bales and not more than two hundred bales have been passed since the buyer purchased the bale to which the bale ticket relates.
(1) If two or more buyers claim to be purchasers of the same tobacco it shall, unless the buyers otherwise agree, be re-offered.
(2) If a buyer contends before the sale of a bale is completed that—
(a) the price recorded on the bale ticket was not the price at which the bale was knocked down to him; or
(b) he was not the buyer of the bale;
the matter shall be investigated by a sales supervisor.
(3) The sales supervisor may, if he is satisfied that an error has occurred—
(a) cancel the sale and order that the bale be re-offered; or
(b) with the agreement of the buyer and the seller or his agent, correct the bale ticket.
59. Tobacco purchased for house account
(1) A person shall not buy tobacco bought for the house account before it is re-offered unless—
(a) the price he pays for the tobacco is not less than one-half of one hundred kwacha per half kilogramme more than the price at which the tobacco was knocked down to the house account; and
(b) the purchase is made before the sale of the tobacco is completed; and
(c) the agreement of the holder of the auction floor licence is first obtained.
(2) No person employed by the holder of an auction floor licence shall buy tobacco except for the house account.
(3) If tobacco purchased for the house account is not bought pursuant to sub-rule (1), it—
(a) shall be resold by auction during the same selling season;
(b) need not be rebaled in which case it shall be resold under the grower's registered number.
(4) When tobacco purchased for the house account is resold under the grower's registered number pursuant to paragraph (b) of sub-rule (3), the holder of the auction floor licence shall stamp the bale ticket with the word "resale", immediately after the sale of such tobacco and before its removal from the auction floor.
(5) A holder of an auction floor licence shall send to the Secretary to the Board a daily return showing the number of bales bought for the house account that day.
(6) Tobacco purchased for the house account may be offered for resale by a holder of an auction floor licence on any sale.
(7) A holder of an auction floor licence shall place tobacco purchased for the house account which is being re-offered on the floors in lots of not less than five bales.
(1) A buyer shall, if so requested by a sales supervisor, remove his purchases from the place of sale on the auction floor to a place indicated by the sales supervisor within half an hour of the closing of the bales after sale.
(2) A buyer shall remove his tobacco from the auction floor within five hours of the close of the sale at which the tobacco was purchased unless an extension of time is authorised by the sales supervisor.
(3) If the buyer fails to remove his tobacco in terms of sub-rule (2), the holder of the auction floor licence shall not be liable for any loss or damage which may be occasioned to such tobacco.
(4) A holder of an auction floor licence shall allot—
(a) an exit point; and
(b) a clipping point; and
(c) a loading area;
to each buyer for his purchases.
(5) A buyer shall clip the bale tickets of his purchases with a distinctive mark at the clipping point allotted to him.
61. Bales re-offered on final day of selling season
Immediately before the sales close on the day of the last sale of the selling season, any unsold tobacco which is badly handled, or mixed, mouldy, funked or damaged which was, earlier on that day—
(a) offered for sale and for which no bid was made; or
(b) sold and the sale of which was repudiated;
may, notwithstanding anything contained in these Rules, be re-offered for sale:
Provided that, in the case of tobacco referred to in paragraph (b)—
(i) the tobacco shall be clearly marked so as to indicate the reason why the earlier sale was repudiated; and
(ii) the reason shall be declared to buyers before sale.
A bale re-offered by any buyer, other than the Board but including the holder of an auction floor licence, shall, subject to the provisions of paragraph (b) of sub-rule (3) of rule 59, be re-offered for sale marked with the registered number allotted to him by a sales supervisor pursuant to sub-section (2) of section 28 of the Act.
The holder of an auction floor licence shall, not later than half an hour before the close of banking hours on the day following the day of sale, pay to a seller or his agent thereunto authorised in writing, the proceeds of the sale of his tobacco, less such weighing, selling, commission and re-handling charges as may have been approved by the Board in terms of section 69 of the Act, or such other charges as he may be authorised to deduct by or under the Act or any other written law.
64. Payment of accounts by buyers
(1) Except in the case of a dispute reported in writing to the holder of the auction floor licence and only to the extent of such dispute, a buyer or his agent shall settle his account not later than half an hour before the close of banking hours on the day following the day of sale.
(2) If a buyer or his agent fails to do so, the holder of the auction floor licence may report the matter to the sales supervisor.
(3) A holder of an auction floor licence may, and shall if so instructed by the sales supervisor, refuse to accept a subsequent bid from such buyer until the account in question has been paid in full.
65. Disposal of bale wrappings
(1) A seller shall notify the holder of the auction floor licence of the manner in which the bale wrappings in which his tobacco is packed shall be disposed of.
(2) The holder of the auction floor licence shall immediately return all bale wrappings received from the buyers to the owners of such wrappings or otherwise deal with the wrappings on the instructions of the owners.
(1) The buyer shall promptly return to the auction floor on which he purchased tobacco contained in any bale, the wrappings of such bale, as directed by the Board.
(2) A buyer shall take all reasonable steps to ensure that the bale wrappings are not cut or otherwise damaged when the tobacco is unpacked.
67. Special provisions relating to the sale of tobacco by mechanical auction
Notwithstanding any rule to the contrary in this Part, whenever the Board, by direction given to a holder of an auction floor licence, has instructed that the sale of tobacco be conducted by mechanical auction, the following provisions shall apply—
(a) the holder of the auction floor licence in question shall include in the statement required by paragraph (a) of sub-rule (1) of rule 34 the floor lot number on which the bale is placed;
(b) the holder of the auction floor licence shall ensure that the bale ticket clearly shows the floor lot number in addition to the particulars enumerated in paragraph (a) of sub-rule (1) of rule 34;
(c) the sales supervisor shall ensure that according to circumstances the sale of a bale is completed not later than the commencement of the sale of the catalogue immediately following the one in which the bale is recorded or ten minutes after the sale of the last bale of the catalogue in which it is recorded, whichever shall first occur;
(d) the provisions of rule 43 shall not apply.
[Rule 2]
PRESCRIBED FORMS
FORM 1
[Rule 3]
TOBACCO ACT
THE TOBACCO (MARKETING AND LICENSING) RULES
PRELIMINARY CROP FORECAST RETURN
I certify—
(i) that the total acreage of Virginia flue-cured/Burley/Oriental tobacco * planted by me this
19 .......... /19 .......... growing season is ........................................ acres;
(ii) that I estimate that the total quantity of Virginia flue-cured/Burley/Oriental tobacco* which will be offered for sale by me or on my behalf this 19 ................ selling season, will be .................. kg.
............................................................... | .............................................................................................. |
Date | Signature |
Registered number of grower .................................................................................................................
Registered name of grower (block capitals) Postal address .................................................................
Name of farm or farms and I.C.A ............................................................................................................
NOTES—
(1) This form duly completed must reach the Secretary, Tobacco Board of Zambia, P.O. Box 31963, Lusaka, on or before 31st March, in a selling season.
(2) Severe penalties are provided for inaccurate estimates of false returns.
(3) You are required to state the total net area of land, excluding unplanted outcrops, roads, contour ridges, etc., planted on all your farms irrespective of whether the stand is good or bad.
FORM 2
[Rule 3]
TOBACCO ACT
THE TOBACCO (MARKETING AND LICENSING) RULES
FURTHER CROP FORECAST RETURN
I certify—
(i) that the total acreage of Virginia flue-cured/Burley/Oriental tobacco* planted by me this 19 ........... /19 ............. growing season is ............................................ acres;
(ii) that I estimate that the total quantity of Virginia flue-cured/Burley/Oriental tobacco* which will be offered for sale by me or on my behalf this 19 ........... selling season, will be .......... kg.
............................................................... | .............................................................................................. |
Date | Signature |
*Delete whichever are inapplicable.
Registered number of grower ..........................................................................................................
Registered name of grower (block capitals) Postal address ............................................................
Name of farm or farms and I.C.A. ....................................................................................................
NOTES—
(1) This form duly completed must reach the Secretary, Tobacco Board of Zambia, P.O. Box, Lusaka, after 15th May but before 1st June in a selling season.
(2) Severe penalties are provided for inaccurate estimates or false returns.
(3) You are required to state the total net area of land, excluding unplanted outcrops, roads, contour ridges, etc., planted on all your farms irrespective of whether the stand is good or bad.
FORM 3
[Rule 4]
TOBACCO ACT
THE TOBACCO (MARKETING AND LICENSING) RULES
TO:
The Secretary,
Tobacco Board of Zambia,
P.O. Box 31963,
Lusaka.
APPLICATION FOR GRADER'S LICENCE
I, (name) ..........................................................................................................................................................
of (address) .....................................................................................................................................................
hereby apply for the issue of a licence to grade tobacco pursuant to Part VI of the Tobacco Act, and in support of my application submit the following particulars:
1. In the case of a company, state the names of all directors
...........................................................................................................................................................................
...........................................................................................................................................................................
2. In the case of a partnership, state the name of every partner
...........................................................................................................................................................................
...........................................................................................................................................................................
3. Description of the premises in which it is proposed to carry on the business of a grader
...........................................................................................................................................................................
...........................................................................................................................................................................
4. Name of the person who will supervise the grading
...........................................................................................................................................................................
5. Have you previously held a grader's licence? (YES/NO) If YES state—
(a) date of issue of last licence
(b) the premises in respect of which such licence was issued
................................................................................................................................................................
(c) if the premises have been altered since the last licence was issued (YES/NO)
................................................................................................................................................................
6. If you have not previously held a licence, have you enclosed the plans required by rule 4(1)(c) (see reverse of this form)? (YES/NO) .................................................................................................................
7. If you have previously held a licence, but the premises have been altered since the last licence was issued, have you enclosed a plan showing the nature of such alterations? (YES/NO) ..............................
8. Have you enclosed the licence fee of one hundred and fifty-five fee units? (YES/NO) ....................
............................................................... | .............................................................................................. |
Date | Signature |
[P.T.O]
[Reverse side of Form 3]
NOTE 1. Rule 4(1)(c) of the Tobacco (Marketing and Licensing) Rules requires the submission of the following—
(i) a plan showing the site;
(ii) a plan and elevations;
(iii) a plan and description of the humidification system of the buildings in which it is proposed to carry on the grading or to store tobacco.
NOTE 2. The minimum standards of premises which may be licensed by the Board for grading tobacco are specified in rule 5 as follows—
(a) they are of such design and construction as may be approved by an architect appointed for this purpose by the Board;
(b) they are provided with storage space sufficient to permit the stacking of tobacco received for grading or awaiting despatch for sale without exceeding a height of two hundred and forty-four centimetres above the level on which the bottom bale rests;
(c) the floor surface of the grading shed, storage, sheds and all ramps, platforms and verandahs adjacent thereto, and where applicable the walls thereof, are composed of such material as to be resistant to rising damp and of sufficient strength and elasticity to withstand the loads imposed upon them, and capable of being so maintained and treated as to prevent the harbouring of pests of tobacco.
FORM 4
[Rules 6 and 7]
TOBACCO ACT
THE TOBACCO (MARKETING AND LICENSING) RULES
GRADER'S RECEIPT FOR TOBACCO
(Name of Grader) ..........................................................................................................................................
.................................................................. (Date)
Received from................................................................... (name of grower) ...............................................registered number...................................................... by lorry/rail*........................................................bales of Virginia flue-cured/Burley tobacco*for grading, weighing......................................................................kg. net, on...........................................(date received)
Number of bales examined ............................................................................................................................
Report on condition of bales examined ........................................................................................................
........................................................................................................................................................................
.........................................
Signature
*Delete whichever are inapplicable.
NOTE 1. If for any reason a grader is unable to weigh bales immediately following receipt, this form shall be completed for the number of bales received and a further receipt showing the weights shall be sent to the grower within three working days.
NOTE 2. Unless a report on condition is made in this receipt, such report shall be sent to the grower within seven days of receipt of the tobacco, failing which the Board will assume that the condition thereof is satisfactory.
FORM 5
[Rule 8]
TOBACCO ACT
THE TOBACCO (MARKETING AND LICENSING) RULES
RETURN BY A GRADER
(Name of Grader) ............................................................................................................................................
Grading Return ................................................................................... Date ...............................................
Class of Tobacco (Burley or Flue-Cured) .
Grower's Name .............................................................Grower's Registered No...........................................
Bales | Net kg. | Bales | Net kg. |
||
Issued for grading . | ............ | ............ | ............ | ............ |
|
Add: "Tails" ex last grading.. | ........... . | ........... | ............ | ............ |
|
Mixed ex Auction Floor | ............ | ............ . | ........... | ........... |
|
........................................ | ............ | ............ | ............ | ............ |
|
Total issued | _______ | _______ | _______ | _______ |
|
_______ | _______ | _______ | _______ |
||
Packed for sale . . | ............ | ............ | ............ | ............ |
|
"Tails" . . | .............. | ............ | ............ | ............ |
|
.................................................... | _______ | _______ | _______ | _______ |
|
.................................................... | _______ | _______ | _______ | _______ |
|
Total "Saleable" | |||||
Unsaleable— | |||||
(1) Mouldy .. | ............ | ............ | ............ | ............ |
|
(2) Funked | ............ | ............ | ............ | ............ |
|
(3) Stem Rot | ............ | ............ | ............ | ............ |
|
(4) Perished, green, etc. | ............ | ............ | ............ | ............ |
|
(5) Stems | ............ | ............ | ............ | ............ |
|
(6) Sand | ............ | ............ | ............ | ............ |
|
(7) Fine Scrap | ............ | ............ | ............ | ............ |
|
Total "Unsaleable" | _______ | _______ | _______ | _______ |
|
Grand Total: | _______ | _______ | _______ | _______ |
|
_______ | _______ | _______ | _______ |
||
Total Grading loss to date: ............ %: Grading loss less (1)-(4) ............ % |
|||||
Number of hessian wrappers received . . . . . . | .............................. pieces |
||||
Number of hessian wrappers used . . . . . . | .............................. pieces |
||||
Old hessian left over . . . . . . . . . . | .............................. pieces |
||||
New paper issued . . . . . . . . . . | ................................ yards |
||||
New hessia issued . . . . . . . . . . | .............................. pieces |
||||
This return To Date | |||||
Bales Net kg. | Bales | Net kg. | |||
Date ..................................... | ............ | ............ | ............ | ............ |
|
Date ..................................... | ............ | ............ | ............ | ............ |
|
Date .................................... | ............ | ............ | ............ | ............ |
|
Remarks............................................................................................................................................. |
|||||
............................................................................................................................................................ |
|||||
........................................................... Supervisor Signature |
FORM 6
[Rule 11]
TOBACCO ACT
THE TOBACCO (MARKETING AND LICENSING) RULES
To: The Secretary,
Tobacco Board of Zambia,
P.O. Box 31963,
Lusaka.
APPLICATION FOR BUYER'S LICENCE
I, (name) .................................................................of (address) ..............................................................................................
hereby apply for the issue of a licence to buy tobacco pursuant to Part VII of the Tobacco Act and in support of my application submit the following particulars:
1. In the case of a company, the names of all directors .........................................................................................
......................................................................................................................................................................................
2. In the case of a partnership, the name of every partner .....................................................................................
.......................................................................................................................................................................................
3. Where appropriate, the names of all persons entitled to buy tobacco on your behalf:
.......................................................................................................................................................................................
.......................................................................................................................................................................................
.......................................................................................................................................................................................
.......................................................................................................................................................................................
4. The class of tobacco which you intend to buy (e.g. Burley, Virginia flue-cured, Oriental)
.......................................................................................................................................................................................
5. The manner in which you propose to buy tobacco (e.g. by auction at a licensed auction floor, by private treaty or at a primary or rural level)
6. Whether or not you are a buyer solely by virtue of the ownership of land in respect of which you have agreed to permit a third person to produce tobacco on not more than ten acres of the said land in consideration of a share in the said tobacco when produced, or of a share of the proceeds of its sale, and if so the situation of such land ................................................................
7. Whether or not the application is for the issue of an exclusive licence pursuant to section 44(4) of the Act, and if so the area in which the applicant wishes to buy tobacco...................................................................................................................................
8. If you wish to buy tobacco by auction, and have not previously been licensed as a buyer, have you attached to this application statements in writing from the holders of all auction floor licences that they are willing to do business with you? (YES/NO) ..........................................................................................................................................................................................
9. Have you enclosed the licence fee of three hundred fee units? (YES/NO) ..................................................................................
............................................................... | .............................................................................................. |
Date | Signature |
FORM 7
[Rule 13]
TOBACCO ACT
THE TOBACCO (MARKETING AND LICENSING) RULES
RETURN OF PURCHASES BY A BUYER
Class of tobacco ..........................................................................................................
Area of origin .................................................................................................................
Month ending..................................................................................................(see note 3)
Market | How purchased (see notes 1 and 2 below) | Total | Less Resales | Net Total |
Internal | ||||
External | ||||
Total |
NOTE 1.-Here indicate whether purchased by auction on a licensed auction floor, by private treaty or at a primary or rural level.
NOTE 2.-Except where tobacco covered by this return has been purchased by auction at a licensed auction floor, the buyer shall attach to this return a statement showing in detail the weight purchased from each grower by name and registered number during the month and the gross value thereof.
NOTE 3.-This return is to be submitted to the Secretary, Tobacco Board of Zambia, P.O. Box 31963, Lusaka, not later than the fifteenth of the month following that to which it refers.
FORM 8
[Rule 14]
TOBACCO ACT
THE TOBACCO (MARKETING AND LICENSING) RULES
APPLICATION FOR AN AUCTION FLOOR LICENCE
To:
The Secretary,
Tobacco Board of Zambia,
P.O. Box 31963,
Lusaka.
I, (name) ......................................................................................................................of (address) ................................................
hereby apply for the issue of an auction floor licence pursuant to Part VIII of the Tobacco Act, and in support of my application submit the following particulars—
1. In the case of a company, the names of all directors ..................................................................................................................
...........................................................................................................................................................................................................
2. In the case of a partnership, the name of every partner ......................................................................................................................................................................................................................................................................................................................................................................................................................
3. Description of the premises .........................................................................................................................................................
...........................................................................................................................................................................................................
...........................................................................................................................................................................................................
4. Have the premises previously been licensed as an auction floor? (YES/NO)
A. If YES—
(a) state the date on which the last licence was issued. ...............................................................................
(b) give details of any alteration in the use of the premises as an auction floor since the issue of the last licence
.......................................................................................................................................................................................
.......................................................................................................................................................................................
.......................................................................................................................................................................................
.......................................................................................................................................................................................
B. If NO have you—
(a) obtained a conditional authority from the Board? (rule 15) (YES/NO); ......................................................................... or
(b) enclosed a plan showing the site of the premises in relation to road and rail facilities and a plan and elevation of the premises? (YES/NO) ...................................................................................................................................................
5. Have you enclosed the licence fee of one thousand five hundred fee units? (YES/NO) ................................................................................................
............................................................... | .............................................................................................. |
Date | Signature |
[Reverse side of Form 8]
MINIMUM STANDARDS OF PREMISES
Rule 16 reads:
"Except where the Board may, with the approval of the Minister, have exempted any premises from the provisions of Part VIII of the Act, no auction floor licence shall be issued in respect of premises—
(a) which do not comply with the following minimum requirements:
(i) the area available for storage of tobacco shall be not less than two-thirds of the area of the sales floor;
(ii) the total area of platforms and verandahs capable of being used for the loading or off-loading of tobacco shall not be less than forty per centum of the area of the sales floor;
(iii) the natural roof lighting of the sales floor shall be a combination of south lighting and translucent roof sheets of a material approved by the Board, so that the total area of such lighting shall not be less than fifteen per centum of the area of the sales floor;
(iv) the floor surface of the sales floor, storage areas, re-handling area, and all ramps, platforms and verandahs adjacent thereto, and where applicable the walls thereof, shall be composed of such material as to be resistant to rising damp and of sufficient strength and elasticity to withstand the loads to be imposed upon them, and capable of being so maintained and treated as to prevent the harbouring of pests of tobacco;
(v) there shall be in a position adjacent to or as part of the auction floor an area set aside for the re-handling of tobacco, which area shall be not less than seven per centum of the area of the sales floor, and shall be equipped with such devices as are capable of controlling the humidity therein to the satisfaction of the Board;
(b) unless the design and construction thereof are such as may be approved by an architect appointed for this purpose by the Board."
FORM 9
[Rule 15]
TOBACCO ACT
TOBACCO (MARKETING AND LICENSING) RULES
APPLICATION FOR CONDITIONAL AUTHORITY
[Auction Floor]
To: The Secretary,
Tobacco Board of Zambia,
P.O. Box 31963,
Lusaka.
I, (name).......................................................................................of (address) .................................................................................
hereby apply for the grant of a conditional authority to erect, extend or alter premises for use as an auction floor pursuant to Part VIII of the Tobacco Act, and in support of my application submit the following particulars:
1. In the case of a company, the names of all directors ...................................................................................................................
............................................................................................................................................................................................................
2. In the case of a partnership, the name of every partner ...............................................................................................................
............................................................................................................................................................................................................
3. Have the premises for which the conditional authority is sought been previously licensed? (YES/NO)
If YES—
(a) describe briefly the proposed alterations or extensions .....................................................................................................
............................................................................................................................................................................................................
............................................................................................................................................................................................................
(b) have you supplied a plan and elevations of the proposed alterations or extensions? (YES/NO)
4. If the premises for which conditional authority is sought—
(a) do not exist;
(b) exist but have not previously been licensed as an auction floor*;
have you enclosed a plan showing the site of the premises or proposed premises in relation to road and rail facilities and a plan and elevations of such premises or proposed premises? YES/NO)...........................
*Delete (a) or (b) whichever is inapplicable.
............................................................... | .............................................................................................. |
Date | Signature |
For Minimum Standards of Auction Floors see overleaf.
[Reverse side of Form 9]
MINIMUM STANDARDS OF PREMISES
Rule 16 reads—
"Except where the Board may, with the approval of the Minister, have exempted any premises from the provisions of Part VIII of the Act, no auction floor licence shall be issued in respect of premises—
(a) which do not comply with the following minimum requirements:
(i) the area available for storage of tobacco shall be not less than two-thirds of the area of the sales floor;
(ii) the total area of platforms and varendahs capable of being used for the loading or off-loading of tobacco shall not be less than forty per centum of the area of the sales floor;
(iii) the natural roof lighting of the sales floor shall be a combination of south lighting and translucent roof sheets of a material approved by the Board, so that the total area of such lighting shall not be less than fifteen per centum of the area of the sales floor;
(iv) the floor surface of the sales floor, storage areas, re-handling area, and all ramps, platforms and verandahs adjacent thereto, and where applicable the walls thereof, shall be composed of such material as to be resistant to rising damp and of sufficient strength and elasticity to withstand the loads to be imposed upon them, and capable of being so maintained and treated as to prevent the harbouring of pests of tobacco;
(v) there shall be in a position adjacent to or as part of the auction floor an area set aside for the re-handling of tobacco, which area shall be not less than seven per centum of the area of the sales floor, and shall be equipped with such devices as are capable of controlling the humidity therein to the satisfaction of the Board;
(b) unless the design and construction thereof are such as may be approved by an architect appointed for this purpose by the Board.
FORM 10
[Rule 17]
TOBACCO ACT
TOBACCO (MARKETING AND LICENSING) RULES
AUCTION FLOOR DAILY TOBACCO SALES RETURN
Name of Auction Floor .....................................................................................................................
Class of tobacco ..............................................................................................................................
Selling day No ................................... Date of sale ..........................................................................
Weight sold, in kgs............................................................................................................................
Gross value of tobacco sold K Average price per kg, in kwacha……..............................................
............................................................... | .............................................................................................. |
Date | Signature |
FORM 11
[Rule 17]
TOBACCO ACT
TOBACCO (MARKETING AND LICENSING) RULES
AUCTION FLOOR WEEKLY TOBACCO SALES RETURN
Name of Auction Floor ......................................................................................................................
Class of tobacco ...............................................................................................................................
Selling week No............................................................Week ending ......................................19 ..........
For Week Season to Date
1. Summary of Net Sales (Excluding resales) | .................... | .................... |
Number of bales offered | .................... | .................... |
Number of bales sold | .................... | .................... |
Percentage sold of bales offered | .................... | .................... |
Weight sold, in kgs | .................... | .................... |
Gross value of tobacco sold | K ................ | K ................ |
Average price per kg, in kwacha | .................... | .................... |
Average weight of bales, in kg | .................... | .................... |
2. Summary of Resales | .................... | .................... |
Weight resold, in kgs | .................... | .................... |
Value of tobacco resold | K ............... | K ............... |
NOTE 1. All weights to be expressed as wet weight.
NOTE 2. This return is to be made up for each week during a selling season to midnight on Wednesday, and submitted to the Board by not later than the following Monday.
FORM 12
[Rule 17]
TOBACCO ACT
TOBACCO (MARKETING AND LICENSING) RULES
AUCTION FLOOR SEASONAL TOBACCO SALES RETURN
Name of Auction Floor ....................................................................
Class of tobacco ............................................................................
Selling season 19.............................................................
*For the purposes of this return "grower" shall exclude any person deemed to be a grower solely by virtue of section 26(6) of the Act (i.e. resales).
TOBACCO (REGISTRATION OF GROWERS) REGULATIONS
[Sections 24, 25, 26, 27 and 100]
Arrangement of Regulations
Regulation
1. Title
2. Registers of growers
3. Registration period and validity of registration
4. Application for registration
5. Registration fee for late application
[Regulations by the Minister]
SI 139 of 1968,
Act 13 of 1994,
SI 85 of 2018.
These Regulations may be cited as the Tobacco (Registration of Growers) Regulations.
(1) The Registrar shall cause to be kept a register of each of the growers of the following classes of tobacco—
(a) virginia flue-cured;
(b) burley;
(c) oriental; and
(d) other classes as may be prescribed.
(2) A register kept under sub-regulation (1) shall be in Form I set out in the Schedule.
[Subs by reg 2 of SI 85 of 2018.]
3. Registration period and validity of registration
(1) A grower or intended grower shall apply for registration from 1st April to 31st October each year.
(2) The Board shall validate and register growers or intended growers from 1st November to 31st December each year.
(3) The Board shall issue a grower registered under these Regulations with a certificate of registration in Form II set out in the Schedule.
(4) A certificate of registration remains valid until the last sale of tobacco by the holder of that certificate in the year following the issue of the certificate.
(5) A certificate of registration is not transferable.
[Subs by reg 2 of SI 85 of 2018.]
4. Application for registration
(1) A person that intends to grow a class of tobacco shall apply to the Board in Form Ill set out in the Schedule.
(2) Where a prescribed class of non-auctionable tobacco is contracted to be sold to a licensed buyer by a grower, that grower's application for registration shall be supported by a declaration, by the licensed buyer, in Form IV set out in the Schedule, and submitted to the Board by 1st May in each year.
[Subs by reg 3 of SI 85 of 2018.]
5. Registration fee for late application
Where an application for registration is made after the termination of the registration period prescribed by regulation 3(1), the applicant shall pay to the Board—
(a) for an application submitted from 1st November to 31st December, a registration fee of 3,334 fee units; and
[Subs by reg 4 of SI 85 of 2018.]
(b) for an application submitted after 31st December, a registration fee of 8,334 fee units.
[Am by Act 13 of 1994; subs by reg 4 of SI 85 of 2018.]
PRESCRIBED FORM
[Sch am by reg 5 of SI 85 of 2018.]
FORM I
[Regulation 2]
Tobacco Board of Zambia
The Tobacco Act
(Laws, Volume 14, Cap. 237)
The Tobacco (Registration of Growers) Regulations, 1968
REGISTER OF GROWERS
No. | Name of grower | Class of tobacco | No of growers/ producers* of non-auctionable tobacco | Projected volumes of non-auctionable tobacco | Particular of licensed buyers |
1. | |||||
2. | |||||
3. |
Form II
[Regulation 3(3)]
Tobacco Board of Zambia
The Tobacco Act
(Laws, Volume 14, Cap. 237)
The Tobacco (Registration of Growers) Regulations, 1968
CERTIFICATE OF REGISTRATION AS GROWER
I certify that .................................................... (name of grower) has been registered as a grower of ........................................... (prescribed class of tobacco) in accordance with this Act and has been entered in the Register for that class of tobacco under Registration Number ....................... |
|
................................................... | ............................................................. |
Date of issue | Signature of Registering Officer |
Note: This registration is subject to the following conditions: |
|
CONDITIONS OF REGISTRATION |
|
1. This certificate is valid only for the selling season in respect of which it is issued. |
|
2. The holder of this certificate shall abide by the provisions of the Act, Rules and Regulations. |
|
3. The holder of this certificate shall submit such returns as are by law required to be submitted. |
|
4. The holder of this certificate shall comply with such directions as may, from time to time, be issued by the Board, in regard to the growing of the prescribed class of tobacco. |
Form Ill
[Regulation 4]
Tobacco Board of Zambia
The Tobacco Act
(Laws, Volume 14, Cap. 237)
The Tobacco (Registration of Growers) Regulations, 1968
APPLICATION FOR REGISTRATION OF GROWER |
||
Please complete in BLOCK LETTERS | Application No. | |
| Date/Time |
| Information Provided |
1. | Name(s) of applicant | ||
2. | Business address (Physical address of Head Office) | ||
3. | Telephone. No. | ||
4. | |||
5. | Location of activities | ||
Operations | Districts |
||
6. | Class of Tobacco (Please tick ( | ||
Virginia flue-cured |
|||
Burley |
|||
Oriental |
|||
Other (Specify) |
|||
.................................................................................................................................. |
|||
7. | Do you intend to grow more than one class of tobacco? | ||
YES | NO |
||
If yes, please provide intended acreage or each class. | |||
8. | Attachments | ||
Particulars of the acreages |
| I declare that the information I have stated is correct and truthful to the best of my knowledge and belief. | ||
| ................................... ................................................... Name Designation |
||
| ................................... ................................................... Signature Date |
||
Date of submission: ............................................................................................................. |
||
Application deficient (notifying applicant on deficiencies): ..................................................... |
||
|
[Reverse side of Form Ill]
NOTE 1 - The form applies to all applications relating to all prescribed classes of tobacco.
NOTE 2 - The prescribed class of tobacco are—
(a) auctionable tobacco; and
(b) non-auctionable tobacco which consists of—
(i) fire-cured;
(ii) oriental;
(iii) sun-cured; and
(iv) air-cured.
NOTE 3 - Registration is conditional upon the applicant's compliance with the provisions of regulations 3 and 4 of the Plant Pests and Diseases (Tobacco) Regulations, which relate to the destruction of tobacco plants, stalks and roots after cropping. Failure to comply with the regulations may result in the refusal or cancellation of registration.
NOTE 4 - In terms of section 84 of the Act, only prescribed varieties of prescribed classes may be grown or sold. The prescribed varieties, by classes, are—
(a) virginia flue-cured tobacco-Bonanza, Canadel, Delcrest, Hicks, Jamaica Wrapper, Kutsaga 51, Kutsaga E.1, Kutsaga E.2, Rhomos 7, Trelawney C.7, White Gold, White Stem Orinoco, Yellow Mammoth;
(b) fire-cured tobacco-Malawi Western;
(c) burley tobacco-Burley 21, Kentucky 41;
(d) oriental tobacco-Samsun; and
(e) other prescribed classes-Malawi Western.
The prescribed varieties to be grown must be shown separately in item 6 of the form and the acreage of each.
NOTE 5 - Application for registration in respect of the following year's crop must be made within the periods—
(a) oriental tobacco: 1st June to 31st December; and
(b) all other prescribed classes of tobacco: 1st April to 31st October.
NOTE 6 - The completed application, duly signed, should be sent to the Registrar, Tobacco Board of Zambia, P.O. Box 31963, Lusaka, from whom additional forms are available.
Form IV
[Regulation 4(2)]
Tobacco Board of Zambia
The Tobacco Act
(Laws, Volume 14, Cap. 237)
The Tobacco (Registration of Growers) Regulations, 1968
DECLARATION OF PROJECTED TOBACCO VOLUMES TO BE BOUGHT
TO: The Registrar,
Tobacco Board of Zambia,
P.O. Box 31963,
Lusaka.
I/We, (name of buyer) ............................................................................................ of (address) ................................................................................................ declare that I/We have contracted to buy ............. (volume) of tobacco, being eighty per cent of my/our intended purchase volumes for the selling season. Twenty per cent of the tobacco, being ............... (volume), shall be purchased from self-sponsored growers.
In support of this declaration, I/We submit the following particulars:
1. In the case of a company, the names of the directors ....................................................
.............................................................................................................................................
2. In the case of a partnership, the names of the partners .................................................
.............................................................................................................................................
3. Where appropriate, the names of persons entitled to buy tobacco on your behalf:
Name of Grower | Grower's Registration Number | Class of Tobacco | Prospective Volume | Estimated Value (ZMW) |
Declared at ...................... the ...................... day of .................. 20.........
Before me:
.............................................
Commissioner for Oaths
Note: This declaration is subject to the condition that the licensed buyer shall concurrently purchase the 80 per cent contracted crop and the 20 per cent self-sponsored crop.
TOBACCO (PRESCRIBED CLASSES) REGULATIONS
[Section 59]
Arrangement of Regulations
Regulation
1. Title
2. Prescribed classes
[Regulations by the Minister]
SI 140 of 1968,
SI 68 of 1977.
These Regulations may be cited as the Tobacco (Prescribed Classes) Regulations.
The class or classes of tobacco specified in the first column of the Schedule shall be auctionable or non-auctionable tobacco for the purposes of the Act as specified in the second column of the Schedule, opposite the said specified classes.
[Regulation 2]
PRESCRIBED CLASSES OF TOBACCO
Class | Auctionable/non-auctionable |
Virginia flue-cured tobacco | non-auctionable |
Fire-cured, Burley, Oriental, sun-cured, air-cured, sun- and | non-auctionable |
[Am by SI 68 of 1977.]
TOBACCO (PRESCRIBED VARIETIES) REGULATIONS
[Section 83]
Arrangement of Regulations
Regulation
1. Title
2. Prescribed varieties
[Regulations by the Minister, after consultation with the Tobacco Board of Zambia]
SI 141 of 1968,
SI 354 of 1969,
SI 33 of 1973,
SI 178 of 1977,
SI 72 of 1983.
These Regulations may be cited as the Tobacco (Prescribed Varieties) Regulations.
Of the classes of tobacco specified in the first column of the Schedule, the variety or varieties, as the case may be, specified in the second column of the Schedule, opposite the said specified classes, are prescribed varieties of such classes of tobacco for the purposes of Part XI of the Act.
[Regulation 2]
PRESCRIBED VARIETIES OF TOBACCO
Class | Variety |
Virginia flue-cured tobacco | Bonanza, Canadel, Delcrest, Hicks, Jamaica Wrapper, Kutsaga 51 Kutsaga E.1, Kutsaga E.2, Rhomos 7, Trelawney C.7, White Gold, White Stem Orinoco, Yellow Mammoth |
Burley tobacco | Burley 21, Kentucky 41 |
Oriental tobacco | Samsun |
Fire-cured, sun-cured, air-cured, or sun- and air-cured tobacco | Malawi Western |
Cigar tobacco | Virginia Mammoth |
Virginia flue-cured tobacco | Kutsaga Mammoth E(KME), Speight G.41 |
Burley air-cured tobacco | Banket A.1, Harian |
[Am by SI 354 of 1969; 33 of 1973; 178 of 1977.]
[Section 100]
[Re-denominate the currency as stipulated under S 4 of Re-denomination Act, 8 of 2012, read with Bank of Zambia Act, 43 of 1996.]
Arrangement of Regulations
Regulation
1. Title
2. Appeals
3. Fee for restoration of registration
4. Export of tobacco
5. Prescription of noxious substances
6. Inspection of tobacco held over
SI 138 of 1968.
[Regulations by the Minister]
These Regulations may be cited as the Tobacco (General) Regulations.
(1) Where, under the provision of sections 36, 40, 45, 49, 51 and 54 of the Act, an aggrieved person appeals to the Minister, notice of the appeal shall be given to the Permanent Secretary, in writing, within 30 days of the notification to the aggrieved person of the decision against which he wishes to appeal:
Provided that the Minister may, in circumstances which he deems to merit special consideration, consider appeals, notice of which is given after the expiration of the said period of 30 days.
(2) The notice of appeal shall be accompanied by a deposit of twenty kwacha, and shall specify in detail the grounds on which the appeal is made and such other information and representations in support thereof as the appellant may think fit, but the appellant shall have no right to appear in person before the Minister.
(3) The Permanent Secretary shall transmit to the Minister every notice of appeal given to him pursuant to sub-regulation (1), together with such other information and representations as the appellant may have submitted pursuant to sub-regulation (2).
(4) The Minister may, if he deems fit, call upon the Registrar or the Board, as the case may be, to submit, within a stated time, such information or representations in writing as the Registrar or the Board, as the case may be, may wish to submit in respect of any appeal.
(5) After considering the information and representations made by the appellant and such information and representations as the Registrar or the Board, as the case may be, have submitted pursuant to sub-regulation (4), the Minister shall confirm or set aside the decision against which the appeal is made, and, if the decision is so set aside, he may substitute for such decision such alternative decision as to him seems just and equitable.
(6) The Minister shall, in any appeal, make such order for the return or forfeiture of the whole or part of the deposit referred to in sub-regulation (2) as seems to him to be just and equitable.
3. Fee for restoration of registration
The registration fee payable by a grower pursuant to section 34 of the Act in respect of the restoration of his name to the appropriate register shall be—
(a) for the first such restoration in any one season, sixty fee units;
(b) for every subsequent restoration in any one season, one hundred and fifty fee units.
[Am by Act 13 of 1994.]
(1) An application for a permit to export tobacco, as may be granted pursuant to section 87 of the Act, shall be submitted in triplicate in the Form T.A. Gen. 1 set out in the First Schedule, and shall be addressed to the Permanent Secretary.
(2) The application shall state the class and weight of tobacco to be exported and the date by which the exportation shall have been completed.
(3) Upon the granting of any application made pursuant to sub-regulation (1), the Minister shall endorse the permit to export on each copy of such application and shall specify thereon such conditions as may be applicable, including a date of expiry:
Provided that, if no date is so specified, the permit shall be deemed to expire on the 31st December following the date of issue.
(4) Such permit shall be issued by delivering to the applicant a copy thereof endorsed pursuant to sub-regulation (3), and shall be deemed to have been issued on the date appearing as the date of such endorsement.
5. Prescription of noxious substances
(1) The substances specified in the Second Schedule are deemed to be noxious and unfit for use in the treatment of tobacco.
Prohibition against sale of tobacco treated with certain substances
(2) No person shall sell or otherwise dispose of tobacco which has been—
(a) treated with; or
(b) reaped from tobacco plants treated with;
any such scheduled noxious substance.
6. Inspection of tobacco held over
(1) The inspection of auctionable tobacco held over from any selling season, as required by section 66 of the Act, shall be carried out by the isolation of the sample or bale and its examination in a manner calculated to ensure that the presence of any living pest of tobacco would by such examination be revealed.
(2) In the course of the inspection, the registered grower shall, if so required, indicate to the inspector the place and manner of storage of the tobacco and shall make any portion of the tobacco as stored available to the inspector at his request.
(3) The certificate in respect of auctionable tobacco certifiable under section 66 of the Act shall be in the Form T.A. Gen. 2 set out in the First Schedule.
(4) The fumigation of tobacco pursuant to section 66 of the Act shall be effected at the rate of one kilogramme methyl bromide per 1,000 cubic feet under gas-proof sheets for a period of 48 hours.
PRESCRIBED FORMS
FORM T.A. GEN. 1
[Regulation 4]
APPLICATION FOR PERMIT TO EXPORT TOBACCO
(To be submitted in triplicate)
The Permanent Secretary,
Ministry of Agriculture,
Lusaka.
SEASON 19 .............. /19 ...............
1. I hereby apply for a permit to export the following weights of tobacco in the above season:
Prescribed Class | Weight |
(a) | |
(b) | |
(c) |
2. If the permit is granted, I undertake to complete exportation by………………......……….., 19........
Address of applicant:
............................................................................ | Signature |
............................................................................ | ............................................................................. |
............................................................................ | ............................................................................. |
Date..................................................................... | (name in block capitals) |
PERMIT
The Minister has approved the above application, subject to the completion of exportation by (date) ............................., 19......., and to the following further conditions:
Date .......................................................................
File No. ...................................................................
.............................................
Permanent Secretary,
Ministry of Agriculture
FORM T.A. GEN. 2
[Regulation 6]
FUMIGATION CERTIFICATE
NOTE.
Section 66 of the Act reads—
"(1) Any registered grower who has, under a permit from the Board, held any auctionable tobacco over from any selling season, may deliver the said tobacco to an auction floor for sale in any later selling season if he is the holder of a certificate in the form prescribed, issued by an inspector appointed pursuant to section 22 of the Plant Pests and Diseases Act to the effect that- Sale of auctionable tobacco grown in earlier season.
Sale of auctionable tobacco grown in earlier season.
(a) the tobacco has been fumigated in the manner prescribed; and
(b) the tobacco or a representative sample thereof has been inspected as prescribed and no evidence of the presence of any living pest of tobacco has been found therein; and which certificate has been issued not more than 30 days before the said tobacco is delivered to the said licensed auction floor.
(2) Immediately before any auctionable tobacco, which has been delivered to an auction floor pursuant to sub-section (1), is auctioned on such auction floor, the sales supervisor on the said auction floor shall publicly announce the year of the growth of the said tobacco and that the certificate required by sub-section (1) has been issued in respect thereof."
1. THIS CERTIFICATE is issued pursuant to section 66 of the Act.
2. I hereby certify—
(a) that the tobacco (specify)..........................................................................................................
...................................................................................................................................................
grown by (name of registered grower)......................................................................................
in the season 19 ................................. has been fumigated in accordance with these Regulations; and
(b) that it or a representative sample thereof has been inspected as prescribed and no evidence of the presence of any living pest of tobacco has been found therein.
3. This certificate is valid only for 30 days from the date of issue.
................................................
Inspector P.P. and D.A.
Date of issue .............................
[Regulation 5]
NOXIOUS SUBSTANCE
1. Maleic hydrazide, also known as MH.
TOBACCO (SALE OF NON-AUCTIONABLE TOBACCO) REGULATIONS
[Sections 73 and 100]
Arrangement of Regulations
Regulation
1. Title
2. Interpretation
3. Sale of non-auctionable tobacco
4. Submission of buyer’s pricing matrix
5. Request for additional information
6. Rejection of buyer’s pricing matrix
7. Submission of revised buyer’s matrix
8. Approval of buyer’s pricing matrix
9. Prohibition of erection, alteration or extension of sales floor
10. Application for conditional authority
11. Prohibition of operation of undesignated sales floor
12. Restriction on operating sales floor
13. Application for designation of sales floor
14. Rejection of application for designation
15. Grant of designation
16. Duplicate designation
17. Suspension of designation
18. Revocation of designation
19. Operation of sales floor by Board
20. Deposit of purchase price for tobacco in certain cases
21. Delivery quotas
22. Sales and supervision
SI 84 of 2018.
These Regulations may be cited as the Tobacco (Sale of Non-Auctionable Tobacco) Regulations.
In these Regulations, unless the context otherwise requires—
"approved buyer’s pricing matrix" means a buyer’s pricing matrix approved by the Board;
"arbitrator" has the meaning assigned to the word in the Tobacco (Marketing and Licensing) Rules, 1968;
"buyer’s pricing matrix" means a schedule of non-auctionable tobacco grade marks with related prices per unit of measure for each grade mark describing the tobacco leaf;
"buyer’s representative" means a person nominated by a licensed buyer to buy tobacco on the buying line for and on behalf of the licensed buyer;
"buying line" means the order of buying tobacco on a sales floor comprising a classifier, buyer's representative, grower's representative and an arbitrator;
"classifier" has the meaning assigned to the word in the Tobacco (Marketing and Licensing) Rules, 1968;
"conditional authority" means the authority under regulation 10, granted by the Board to a person to erect, alter or extend a sales floor;
"contract crop" means non-auctionable tobacco to be sold under an outgrower production contract entered into between a grower and licensed buyer;
"designation" means a designation granted by the Board to operate a sales floor;
"grower" means a person who grows or intends to grow tobacco and is registered by the Board as a grower;
"grower’s representative" means a person nominated by a grower, and registered by the Board, to sell tobacco for and on behalf of the grower on the buying line;
"market contract" means an agreement between a self sponsored registered grower and a licensed buyer who is an offtaker of self-sponsored tobacco;
"non-contract crop" means tobacco which can be freely sold to a willing licensed buyer on an auction floor or a sales floor;
"production contract" means an agreement between a grower and a licenced buyer for the grower to produce a projected volume of tobacco and sell the tobacco produced to the licensed buyer on a sales floor;
"sales area" means the portion of a sales floor allotted for the sale of non-auctionable tobacco and excludes an area or areas allotted for storage of the tobacco;
"sales floor" means premises designated by the Board for the sale of non-auctionable tobacco;
"sales supervisor" means a person appointed by the Board to supervise the sale of non-auctionable tobacco on a sales floor;
"self-sponsored tobacco" means tobacco produced by a grower or producer who is not financed by the buyer, with the grower or producer retaining ownership until sale;
"sponsor" means a person that finances the production of tobacco by a grower and retains ownership of the tobacco until the point of sale for purposes of recovering the financing advanced to the grower in the production of the tobacco; and
"sponsorship contract" means an agreement between a grower or producer and a buyer for the production of tobacco where the buyer prefinances the production of the tobacco and retains ownership of the tobacco.
3. Sale of non-auctionable tobacco
(1) A grower of tobacco under a production contract shall offer the non-auctionable tobacco produced under that contract for sale during a selling season on a sales floor.
(2) Where, in a selling season, a licensed buyer is entitled to buy a projected volume of non-auctionable tobacco under a production contract, the actual volume bought shall be segregated as set out in the First Schedule.
4. Submission of buyer’s pricing matrix
(1) A licensed buyer shall, not less than 60 days before the commencement of a selling season, submit to the Board that buyer’s pricing matrix for approval.
(2) The Board shall, within 14 days of receipt of the buyers pricing matrix, notify the licensed buyer of the decision of the Board.
(3) The Board shall, in considering the buyer’s pricing matrix, take into account the costs of producing tobacco in any season.
5. Request for additional information
The Board may request a licensed buyer that has submitted a buyer’s pricing matrix to submit additional information in relation to the buyer’s pricing matrix in Form I set out in the Second Schedule.
6. Rejection of buyer’s pricing matrix
(1) The Board may reject a buyer’s pricing matrix if the prices contained in the buyer’s pricing matrix are below the costs of production of tobacco in the season to which the buyer’s pricing matrix relates.
(2) The Board shall, where the Board rejects a buyer’s pricing matrix, notify the licensed buyer within seven days of the Board’s decision, in Form II set out in the Second Schedule.
7. Submission of revised buyer’s matrix
(1) A licensed buyer shall, where the licensed buyer’s pricing matrix is rejected under regulation 6, submit a revised buyer’s pricing matrix that remedies the causes of the rejection of the buyer’s pricing matrix submitted under regulation 4.
(2) A licensed buyer shall submit a revised buyer’s pricing matrix within 14 days from the date of receipt of the notice of rejection of the buyer’s pricing matrix submitted under regulation 4.
8. Approval of buyer’s pricing matrix
(1) The Board shall, where a buyer’s pricing matrix contains reasonable prices, approve the buyer’s pricing matrix.
(2) The Board shall, where it approves a buyer’s pricing matrix, notify the licensed buyer of the approval within seven days of the Board’s decision in Form III set out in the Second Schedule.
(3) An approved buyer’s pricing matrix is valid for the duration of the selling season to which it relates.
9. Prohibition of erection, alteration or extension of sales floor
(1) A person shall not erect, alter or extend a sales floor without the conditional authority of the Board.
(2) A person that contravenes sub-regulation (1) commits an offence and is liable, on conviction in case of a—
(a) first offender, a fine not exceeding four thousand penalty units or to imprisonment for a term not exceeding six months, or to both; and
(b) second or subsequent offender, a fine not exceeding fifteen thousand penalty units or to imprisonment for a term not exceeding one year, or to both.
10. Application for conditional authority
(1) A person that intends to erect, alter or extend a sales floor shall apply to the Board for conditional authority in Form IV set out in the Second Schedule.
(2) The provisions of regulations 14, 15, 16, 17 and 18 apply to conditional authority as if for a reference to "designation" these were substituted with the reference to "conditional authority".
(3) A holder of conditional authority shall, on completion of the building works in respect of which conditional authority has been granted, apply for designation in accordance with regulation 13.
(4) Where conditional authority granted is for the alteration or extension of a sales floor, a further fee is not payable to the Board during the period of validity of the designation granted prior to the grant of the conditional authority.
11. Prohibition of operation of undesignated sales floor
(1) A person shall not operate a sales floor that is not designated by the Board.
(2) A person that contravenes sub-regulation (1) commits an offence and is liable, on conviction in case of a—
(a) first offender, a fine not exceeding four thousand penalty units or to imprisonment for a term not exceeding six months, or to both; and
(b) second or subsequent offender, a fine not exceeding fifteen thousand penalty units or to imprisonment for a term not exceeding one year, or to both.
12. Restriction on operating sales floor
(1) A licensed buyer, sponsor or grower is not eligible to operate a sales floor.
(2) A sales floor shall be at least 10 kilometres away from another sales floor.
13. Application for designation of sales floor
(1) A person that intends to operate a sales floor shall apply to the Board for designation in Form V set out in the Second Schedule on payment of 70,168 fee units.
(2) The Board may request an applicant to submit additional information in relation to the application in Form I set out in the Second Schedule.
(3) The Board shall, within 90 days of receipt of an application, notify the applicant of the decision of the Board.
(4) An applicant shall, where the applicant intends to operate more than one sales floor, submit a separate application in respect of each premises intended to be operated as a sales floor.
(5) The Board may inspect the premises in respect of which an application is made to determine if the premises are suitable for operation as a sales floor.
14. Rejection of application for designation
(1) The Board shall reject an application for designation if—
(a) the applicant fails to comply with a condition precedent to the grant of a designation;
(b) a designation granted to the applicant was revoked by the Board within a period of two years preceding the application; or
(c) the applicant has been convicted of an offence under the Act or any other relevant written law.
(2) The Board shall, where it rejects an application for designation, notify the applicant within seven days of the decision in Form II set out in the Second Schedule.
(1) The Board shall, where an applicant meets the requirements for designation, grant a designation in Form VI set out in the Second Schedule.
(2) A designation is valid for the duration of the selling season in respect of which it is granted.
(3) A designation is not transferable.
A person shall, where that person’s designation is lost, damaged or defaced, apply to the Board for a duplicate designation in Form VII set out in the Second Schedule.
(1) The Board shall suspend a designation if the holder of the designation contravenes the conditions of the designation, the provisions of the Act or any other relevant written law.
(2) The Board shall, before suspending a designation, notify the holder of the designation of the intention to suspend the designation and request the holder of the designation to show cause, within a specified period, why the designation should not be suspended.
(3) A notice of intention to suspend a designation shall be in Form VIII set out in the Second Schedule.
(4) The Board shall suspend a designation if the holder of the designation does not take corrective measures within the period specified in the notice issued under sub-regulation (2).
(5) A notice of the suspension of a designation shall be in Form IX set out in the Second Schedule.
(6) The Board shall, where a designation has been suspended, operate the sales floor for the duration of the suspension.
(1) The Board shall revoke a designation if the holder of the designation—
(a) contravenes the conditions of the designation, provisions of the Act or any other relevant written law;
(b) does not take corrective measures following the suspension of the designation within the period specified for taking such measures; or
(c) obtained the designation by fraud or deliberate or negligent submission of false information or statements.
(2) The Board shall, before revoking a designation, notify the holder of the designation of the intention to revoke the designation and request the holder of the designation within a specified period, to show cause, why the designation should not be revoked.
(3) A notice of intention to revoke a designation shall be in Form VIII set out in the Second Schedule.
(4) The Board shall revoke a designation if the holder of the designation does not take corrective measures within the period specified for taking such measures.
(5) A notice of revocation of designation shall be in Form IX set out in the Second Schedule.
(6) The Board shall, where a designation has been revoked, operate the sales floor for the remainder of the selling season.
19. Operation of sales floor by Board
The Board shall, where an applicant for a designation does not meet the requirements of the Act in a particular selling season, operate that applicant’s sales floor in that selling season.
20. Deposit of purchase price for tobacco in certain cases
(1) A prospective buyer that intends to purchase tobacco shall, in the first three years of being granted the first buyer’s licence, deposit with the Board the full purchase price of the expected volume of tobacco to be purchased in each selling season.
(2) The Board shall undertake disbursements on behalf of a licensed buyer for the first three years of that buyer being granted a buyer’s licence.
A grower shall not deliver or cause to be delivered to a sales floor, in a selling season, non-auctionable tobacco in excess of the delivery quota fixed by the Board for that grower in that selling season.
(1) Parts VI, VII and VIII of the Tobacco (Marketing and Licensing) Rules, 1968, apply, with necessary changes, to the marking of bales, packing and selling of non-auctionable tobacco.
(2) Despite sub-regulation (1)—
(a) the Board shall appoint sales supervisors as designated sales supervisors; and
(b) a designated sales supervisor shall inspect the weights of non-auctionable tobacco delivered to a sales floor by or on behalf of a grower or producer.
(3) A classifier shall assign a classification grade mark to non-auctionable tobacco laid on a buying line.
(4) A buyer’s representative shall assign a price to the non-auctionable tobacco classified under sub-regulation (3) in accordance with the buyer’s approved pricing matrix.
(5) A buyer’s representative shall register with the Board within 14 days of being nominated by a grower.
(6) A buyer’s representative shall inform that buyer’s representative’s grower, of the—
(a) classification grade mark assigned to the non-auctionable tobacco by the classifier; and
(b) price assigned to the non-auctionable tobacco by the buyer’s representative.
(7) An arbitrator shall, where a dispute arises relating to the price assigned or the classification grade mark of non-auctionable tobacco, determine the dispute in accordance with the approved buyer’s pricing matrix within 48 hours of the date of receipt of notice of the dispute.
[Regulation 3(2)]
Tobacco Board of Zambia |
The Tobacco Act |
The Tobacco (Sale of Non-Auctionable Tobacco) Regulations, 2018 |
SEGREGATION OF VOLUMES OF NON-AUCTIONABLE TOBACCO FOR SALE UNDER PRODUCTION CONTRACT |
Category of crop | Volume |
Contract | 80% |
Self-Sponsored | 20% |
[Regulations 5, 6, 8, 10, 13, 14, 15, 16, 17 and 18]
FORM I
[Regulations 5, 10(2) and 13(2)]
Tobacco Board of Zambia |
The Tobacco Act |
The Tobacco (Sale of Non-Auctionable Tobacco) Regulations, 2018 |
REQUEST FOR ADDITIONAL INFORMATION |
To …………………………………………………………………….…………………..........…………. |
Address: ……………………………………………………………………………….............……….. |
Application No.: ...........…………………………………………………………………………..…….. |
You are requested to furnish the following information or documents in respect of your application for ………………………………………………………………………: |
(a) ………………………………………………………………………………………………………….. |
(b) ………………………………………………………………………………………………………….. |
(c) ………………………………………………………………………………………………………….. |
(d) ………………………………………………………………………………………………………….. |
within ………… days of this notice. |
If you fail to furnish the requested information within the stipulated period, your application will be treated as invalid and shall be rejected. |
Dated this ……...…. day of ………………., 20……… |
….……………………….. |
FORM II
[Regulations 6(2), 10(2) and 14(2)]
Tobacco Board of Zambia |
The Tobacco Act |
The Tobacco (Sale of Non-Auctionable Tobacco) Regulations, 2018 |
NOTICE OF REJECTION OF BUYER'S PRICING MATRIX/CONDITIONAL AUTHORITY/DESIGNATION* |
(1) Here insert the full names and address of applicant | To: (1) ……………………………………………………..…...………………....... |
……………………………..………………………........………………………...... |
|
IN THE MATTER OF (2) ……………..………………..........…….……. you are notified that your buyer’s pricing matrix/application for conditional authority/application for designation* has been rejected on the following grounds*: |
|
(2) Here insert the reference No. of the application |
|
(a) …………………………………………….……………..............……............ |
|
(b) ……………………………………….………………..................……........... |
|
(c) ………………………………………………............................................... |
|
Dated this ………… day of …………………., 20…… |
|
……………………………. |
FORM III
[Regulation 8(2)]
Tobacco Board of Zambia |
The Tobacco Act |
The Tobacco (Sale of Non-Auctionable Tobacco) Regulations, 2018 |
NOTICE OF APPROVAL OF BUYER'S PRICING MATRIX |
(1) Here insert the full names and address of applicant | To: (1) ……………………………………………………..…...………………...... |
……………………………..………………………........………………………..... |
|
IN THE MATTER OF (2) ...........................…………………...…..…………….. you are notified that your pricing matrix for the (3) ………....………..… selling season ..............…………………………………………….. has been approved with approval reference No. …………………...…….. as with particulars listed below: |
|
(2) Here insert the reference No. of the application |
|
(a) …………………………………………….……………..............……............ |
|
(3) Here insert selling season for which approval is granted | (b) ……………………………………….………………..................……........... |
(c) ………………………………………………............................................... |
|
Dated this ………… day of ……………………., 20……… |
|
……………………………. |
FORM IV
[Regulation 10(1)]
Tobacco Board of Zambia |
The Tobacco Act |
The Tobacco (Sale of Non-Auctionable Tobacco) Regulations, 2018 |
FORM V
[Regulation 13(1)]
Tobacco Board of Zambia |
The Tobacco Act |
The Tobacco (Sale of Non-Auctionable Tobacco) Regulations, 2018 |
NOTE: Where an applicant intends to operate more than one sales floor, the applicant shall submit a separate application in respect of each premise intended to be operated as a sales floor. |
FORM VI
[Regulations 10(2) and 15(1)]
Tobacco Board of Zambia |
The Tobacco Act |
The Tobacco (Sale of Non-Auctionable Tobacco) Regulations, 2018 |
GRANT OF CONDITIONAL AUTHORITY/DESIGNATION* |
(1) Here insert the full names and address of applicant | To: (1) ……………………………………………………..…...………………...... |
……………………………..………………………........……………………........ |
|
IN THE MATTER OF (2) ………......…………………………..…………….. you are notified that your application for conditional authority/designation* has been approved with approval reference No. ……………........….. as with particulars listed below: |
|
(2) Here insert the reference No. of the application |
|
(a) ………………………………………….……………..............……............. |
|
(b) ……………………………………….………………..................……......... |
|
Dated this ………… day of …………………., 20……… |
|
…………………………. |
|
• Note: Conditional authority/designation is not transferable. |
FORM VII
[Regulations 10(2) and 16]
Tobacco Board of Zambia |
The Tobacco Act |
The Tobacco (Sale of Non-Auctionable Tobacco) Regulations, 2018 |
FORM VIII
[Regulations 10(2), 17(3) and 18(3)]
Tobacco Board of Zambia |
The Tobacco Act |
The Tobacco (Sale of Non-Auctionable Tobacco) Regulations, 2018 |
NOTICE OF INTENTION TO SUSPEND/REVOKE* |
(1) Here insert the full names and address of holder | To: (1) ……………………………………………………..…...……………....... |
……………………………..………………………........……………………...... |
|
IN THE MATTER OF (2) .................................................. you are notified that the Board intends to *suspend/revoke your *conditional authority/designation on the following grounds: |
|
(2) Here insert the conditional authority No./ designation |
|
(a) …………………………………………….……………..............……............ |
|
(b) …………………………………………….……………..............……............ |
|
(c) ……………………………………….………………..................……........... |
|
Accordingly, you are requested to show cause why your conditional authority/ designation* should not be *suspended/revoked and to take action to remedy the breaches set out in paragraphs …………………………. (above) within (3) …………. days of receiving this notice. Failure to remedy the said breaches shall result in the *suspension/revocation of your *conditional authority/ designation. |
|
Dated this ………… day of ………………., 20…… |
|
…………………………. |
|
FORM IX
[Regulations 10(2), 17(5) and 18(5)]
Tobacco Board of Zambia |
The Tobacco Act |
The Tobacco (Sale of Non-Auctionable Tobacco) Regulations, 2018 |
NOTICE OF SUSPENSION/REVOCATION* OF CONDITIONAL AUTHORITY/DESIGNATION* |
(1) Here insert the full names and address of licensee | To: (1) ……………………………………………………..…...……………....... |
……………………………..………………………........……………………...... |
|
(2) Here insert the Licence No. | IN THE MATTER OF (2) ................................................................... you are notified that your conditional authority/designation* has been suspended for a period of (3) …………………….…………/revoked* on the following grounds: |
(3) Here insert number of days stipulated | (a) …………………………………………….……………..............……............ |
(b) …………………………………………….……………..............……............ |
|
(c) ……………………………………….………………..................……........... |
|
(d) ……………………………………….………………..................……........... |
|
Dated this ……… day of …………………., 20…… |
|
………………………. |
|
TOBACCO (AUCTIONABLE TOBACCO IMPORTATION) REGULATIONS
[Section 64]
Arrangement of Regulations
Regulation
1. Title
2. Interpretation
3. Classes of auctionable tobacco for importation
4. Requirements for import of auctionable tobacco
5. Application for permit
6. Consideration of application for permit
7. Request for further particulars or information
8. Grant of permit
9. Refusal to grant permit
10. Amendment of permit
11. Suspension or cancellation of permit
12. Renewal of permit
13. Duplicate permit
14. Register
15. Inspection of register
16. General penalty
SI 65 of 2020.
These Regulations may be cited as the Tobacco (Auctionable Tobacco Importation) Regulations.
In these Regulations, unless the context otherwise requires—
"applicant" means a holder of an auction floor licence who applies for a permit to import auctionable tobacco of a specified class in accordance with the Act and these Regulations; and
"permit" means an importation permit issued under regulation 7.
3. Classes of auctionable tobacco for importation
The classes of auctionable tobacco specified in the Tobacco (Prescribed Classes) Regulations not grown in the Republic may be imported and sold on a licensed auction floor in the Republic under these Regulations.
4. Requirements for import of auctionable tobacco
A person who intends to import for sale on a licensed floor auctionable tobacco not grown in the Republic shall—
(a) enter into an agreement for the sale of the auctionable tobacco with—
(i) a holder of an auction floor licence for the sale of auctionable tobacco on the licensed auction floor; and
(ii) a licensed buyer who shall purchase the imported auctionable tobacco;
(b) obtain a phytosanitary certificate in accordance with the Plant Pests and Diseases (Importation) Regulations, 1960; and
(c) ensure that the auctionable tobacco is not treated or reaped from tobacco plants treated with any noxious substance listed under the Tobacco (General) Regulations, 1968.
A person who intends to import for sale on a licensed auction floor auctionable tobacco not grown in the Republic shall apply to the Board for a permit in Form I set out in the First Schedule on payment of a fee set out in the Second Schedule.
6. Consideration of application for permit
The Board shall, within 30 days of the date of receipt of an application made under regulation 4 consider and determine the application.
7. Request for further particulars or information
The Board may request an applicant to submit further particulars or information relating to the application for a permit in Form II set out in the First Schedule.
(1) The Board shall, where the Board is satisfied that an applicant meets the requirements for a permit, grant the applicant a permit in Form III set out in the First Schedule.
(2) The permit issued under sub-regulation (1) shall indicate the terms and conditions of the permit.
(3) A permit granted under regulation 7 is valid for a period not exceeding seven months.
The Board shall, where the application for a permit does not meet the requirements of the Act and these Regulations, refuse to grant a permit, and notify the applicant, in writing, within seven days of date of the decision, giving reasons for that refusal.
(1) Subject to sub-regulation (3), a permit holder shall, where that holder intends to amend the permit, apply to the Board in Form IV set out in the First Schedule, on payment of a fee set out in the Second Schedule.
(2) The Board may amend a permit where—
(a) the name of a business changes;
(b) the port of entry or exit for the auctionable tobacco in respect of which the permit was issued changes; or
(c) there is a change of address of the permit holder.
(3) The Board shall, within 14 days of the receipt of an application for amendment of a permit, inform the permit holder of its decision.
(4) A permit holder shall, where the Board grants the application for amendment of the permit, surrender the permit to the Board and the Board shall issue an amended permit for the remainder of the permit’s validity period in Form III set out in the Schedule.
(5) The Board shall, where the Board refuses to vary the permit, within 30 days of the decision, notify the permit holder, stating the reasons for the decision.
11. Suspension or cancellation of permit
(1) Subject to the Act and these Regulations, the Board may suspend or cancel a permit, if the permit holder—
(a) obtained the permit on the basis of fraud, negligence or misrepresentation;
(b) transfers or otherwise assigns the permit;
(c) contravenes the Act and these Regulations or any other written law; and
(d) contravenes any term or condition of the permit.
(2) The Board shall, before suspending or cancelling a permit in accordance with sub-regulation (1), notify the permit holder of its intention to suspend or cancel the permit in Form V set out in the First Schedule, giving reasons for its decision and requesting the permit holder to show cause, within a reasonable period that may be specified in the notice, why the permit should not be suspended or cancelled.
(3) The Board shall, where a permit holder fails to correct the contravention within the period specified under sub-regulation (2), suspend or cancel the permit as it considers appropriate in the circumstances of the case.
(4) Where a permit is cancelled, in accordance with this regulation, the permit holder shall surrender the permit to the Board and the Board shall cancel the permit, subject to conditions that it may impose with respect to the winding up of the permitted business or activity.
(5) The Board shall notify a permit holder of an auction floor licence of the suspension or cancellation of a permit in Form VI set out in the First Schedule.
(6) The permit holder shall, from the date of cancellation of a permit, immediately cease to sell auctionable tobacco not grown in the Republic and surrender the permit to the Board.
(1) A permit holder may, 30 days prior to the expiration of the period of validity of the permit, apply to the Board for the renewal of the permit in Form VII set out in the First Schedule on payment of the fee set out in the Second Schedule.
(2) The Board shall, within 30 days of receiving an application for the renewal of a permit, approve or reject the application and give reasons where it rejects the application for renewal of the licence or permit.
(3) A permit holder who submits an application for the renewal of a permit in accordance with sub-regulation (1), shall continue to operate the permitted business or activity until a decision is made by the Board on the application for renewal of the permit.
A person who loses a licence or permit or whose licence or permit is damaged shall inform the Board within 14 days of the loss or damage and shall, after a further period of 14 days, apply to the Board for the issuance of a duplicate permit in Form VIII set out in the First Schedule on payment of the fee set out in the Second Schedule.
(1) The Board shall keep and maintain a register of permit holders in Form IX set out in the First Schedule.
(2) Despite sub-regulation (2), the Board shall maintain an electronic register of permit holder, which shall—
(a) track and monitor an application for a permit under these Regulations;
(b) track and monitor any variation to a permit; and
(c) maintain an auditable trail of the outcomes of an application and reasons for decisions to grant, refuse or vary a permit.
(3) The Board shall ensure proper and accurate entries in the electronic register of permit holders which shall correspond with the entries in the manual register, if any.
(4) An entry in a register shall be maintained in a sequential order.
A register shall be kept by the Board at the offices of the Board, and shall be open for inspection by members of the public during office hours on payment of the fee set out in the Second Schedule.
A person who contravenes these Regulations commits an offence and is liable, on conviction—
(a) in the case of a first offence, to a fine not exceeding four thousand penalty units or to imprisonment for a term not exceeding six months, or to both; or
(b) in the case of a second or subsequent offence, to a fine not exceeding fifteen thousand penalty units or to imprisonment for a term not exceeding one year, or to both.
PRESCRIBED FORMS
[Regulations 5, 7, 8, 10, 11, 12, 13 and 14]
Form I
[Regulation 5]
(To be completed in duplicate)
REPUBLIC OF ZAMBIA |
The Tobacco Act |
(Cap. 237) |
The Tobacco (Auctionable Tobacco Importation) Regulations, 2020 |
APPLICATION FOR A PERMIT TO IMPORT |
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Please complete in block letters | Shaded field for official use only | Application No. |
Date and Time |
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Information provided | Information Required |
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A. PARTICULARS APPLICANT |
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1. | Name: |
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2. | Type of entity: |
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3. | Business premises: |
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(a) Physical address: |
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(b) Plot No.: |
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(c) Street: |
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(d) Postal address: |
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(e) Telephone No.: |
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(f) E-mail address: |
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(g) Town: |
B. INFORMATION TO BE ATTACHED |
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1. Copy of Certificate of Registration | |
2. Names of Directors, shares held, Nationality and NRC/Passport No. | |
3. Names of Shareholders shares held, Nationality and NRC/Passport No. | |
4. The name of the Chief Executive Officer and nationality | |
5. Name of Company Secretary and Nationality | |
6. The country of origin of the auctionable tobacco intended for importation into the country | |
7. Brief description of the auctionable tobacco intended for importation into the country | |
8. The auction floor intended to be used to sale the auctionable tobacco once the imported into country | |
9. Location of storage facilities where the auctionable tobacco will be kept once in the country before it is taken to an auction floor | |
10. A summary of measures to be put in place to minimise environmental risks and to control pest while the auctionable tobacco is in storage facilities | |
DECLARATION: |
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I declare that all the information I have stated in this application is correct and truthful to the best of my knowledge and belief. I understand that submission of false information shall render the application void and that if granted, the permit shall be cancelled. |
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................................................... ............................................... |
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FOR OFFICIAL USE ONLY |
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Date of submission .................................................................................................................. |
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Application Number ................................................................................................................. |
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Payment Receipt Number ........................................................................................................ |
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Form II
[Regulation 7]
(To be completed in duplicate)
REPUBLIC OF ZAMBIA |
The Tobacco Act |
(Cap. 237) |
The Tobacco (Auctionable Tobacco Importation) Regulations, 2020 |
REQUEST FOR ADDITIONAL INFORMATION |
To: ........................................................................................................................................ |
Address: ................................................................................................................................ |
Application No.: ...................................................................................................................... |
You are requested to furnish the following information or documents in respect of your application for ............................. within ............ days of this notice. |
(a) .......................................................................................................................................... |
(b) .......................................................................................................................................... |
(c) .......................................................................................................................................... |
(d) .......................................................................................................................................... |
If you fail to furnish the requested information within the stipulated period, your application will be treated as invalid and be rejected. |
Dated this ............. day of ....................... 20....... |
...................................................... |
Form III
[Regulation 8(1)]
(To be completed in duplicate)
REPUBLIC OF ZAMBIA |
The Tobacco Act |
(Cap. 237) |
The Tobacco (Auctionable Tobacco Importation) Regulations, 2020 |
PERMIT NO.: ...................... |
PERMIT/AMENDED PERMIT TO SELL AUCTIONABLE TOBACCO NOT GROWN IN THE REPUBLIC ON A LICENSED AUCTlON FLOOR |
Registration No.: .......................................................................................................................... |
Holder's name: ........................................................................................................................ of |
(Physical Address): .................................................................................................................... |
.................................................................................................................................................. |
This Permit/Amended Permit is granted for a period of ................................................ commencing on the ................ day of ........................... 20........ |
The terms and conditions of grant of the permit/amended permit are as shown in the Annexures attached hereto. |
Issued at ............................. this ............... day of ...................... 20..... |
ENDORSEMENT OF REGISTRATION |
This Permit has this ............... day of ............................., 20........ |
.......................................... |
Form IV
[Regulation 10(1)]
(To be completed in duplicate)
REPUBLIC OF ZAMBIA |
The Tobacco Act |
(Cap. 237) |
The Tobacco (Auctionable Tobacco Importation) Regulations, 2020 |
Form V
[Regulation 11(2)]
(To be completed in duplicate)
REPUBLIC OF ZAMBIA |
The Tobacco Act |
(Cap. 237) |
The Tobacco (Auctionable Tobacco Importation) Regulations, 2020 |
NOTICE OF INTENTION TO SUSPEND/CANCEL PERMIT |
(1) Here insert the full names and address of the permit holder | To (1) ....................................................................................................... |
................................................................................................................ |
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(2) Here insert the Permit No. | IN THE MATTER OF (2) .................................................. you are notified that the Authority intends to *suspend/cancel your permit on the following grounds: |
(a) .......................................................................................................... |
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(b) .......................................................................................................... |
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(c) .......................................................................................................... |
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(3) Here insert type of application | Accordingly, you are requested to show cause why your permit should not be *suspended/cancelled and to take action to remedy the breaches set out in paragraphs .................... (above) within (3) ........... days of receiving this notice. Failure to remedy the said breaches shall result in the *suspension/cancellation of your permit. |
Dated this .............. day of .............................. 20......... |
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(4) Signature of Chief Executive Officer | (4) ............................................. |
Form VI
[Regulation 11(5)]
(To be completed in duplicate)
REPUBLIC OF ZAMBIA |
The Tobacco Act |
(Cap. 237) |
The Tobacco (Auctionable Tobacco Importation) Regulations, 2020 |
NOTICE OF SUSPENSION/CANCELLATION OF PERMIT |
(1) Here insert the full names and address of the permit holder | To (1) ...................................................................................................... |
................................................................................................................ |
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(2) Here insert the Permit No. | IN THE MATTER OF (2) .................................................. you are notified that your permit has been *suspended for a period of (3) ....................................... /cancelled on the following grounds: |
(3) Here insert number of day stipulated | (a) .......................................................................................................... |
(b) .......................................................................................................... |
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(c) .......................................................................................................... |
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(d) .......................................................................................................... |
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Dated this ................... day of ................................... 20........ |
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(4) Sign by Chief Executive Officer | (4) ............................................. |
Form VII
[Regulation 12(1)]
(To be completed in duplicate)
REPUBLIC OF ZAMBIA |
The Tobacco Act |
(Cap. 237) |
The Tobacco (Auctionable Tobacco Importation) Regulations, 2020 |
Form VIII
[Regulation 13]
(To be completed in duplicate)
REPUBLIC OF ZAMBIA |
The Tobacco Act |
(Cap. 237) |
The Tobacco (Auctionable Tobacco Importation) Regulations, 2020 |
Form IX
[Regulation 14]
(To be completed in duplicate)
REPUBLIC OF ZAMBIA |
The Tobacco Act |
(Cap. 237) |
The Tobacco (Auctionable Tobacco Importation) Regulations, 2020 |
REGISTER OF PERMIT HOLDERS |
No. | Name of Permit Holder | Permit Number | Date of Issue | Expire Date |
1. | ||||
2. | ||||
3. | ||||
4. | ||||
5. | ||||
6 | ||||
7. |
[Regulation 15]
PRESCRIBED PEES
Description of Fees | Fee Units |
1. Import for sale on a licensed auction floor auctionable tobacco not grown in the Republic | 40.00 |
2. Amendment of the permit | 40.00 |
3. Validity of the permit | 40.00 |
4. Duplicate permit | 40.00 |
5. Inspection in the Register | 40.00 |